DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER, ONORATO, SAMPSON, SAVINO, SERRANO, SMITH
MLTSPNSR
Add Art 27-BB SS2725 - 2728, Pub Health L
Provides for a program of asthma disease management and control within the department of health; program shall provide various services to health care providers, patients, and others; authorizes the commissioner of health to make grants; provides for a study of asthma incidence and prevalence; provides for an annual report on the program; establishes an advisory panel.
STATE OF NEW YORK
________________________________________________________________________
1875
2009-2010 Regular Sessions
IN SENATE
February 9, 2009
___________
Introduced by Sens. KLEIN, DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER,
ONORATO, SAMPSON, SAVINO, SERRANO, SMITH -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the
asthma prevention and education program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and purpose. The legislature finds
2 that asthma is a chronic, potentially life-threatening, respiratory
3 illness that affects over a million New Yorkers, including many thou-
4 sands of children and adolescents. Asthma is the leading cause of school
5 absences attributed to chronic conditions. Asthma is also directly
6 linked to large and growing inpatient bills for medicaid and other
7 health care payers. Therefore, the legislature finds that establishing a
8 comprehensive statewide asthma prevention management and control program
9 which coordinates the efforts of individuals, families, health care
10 providers, schools and community-based organizations is in the public
11 interest and would benefit the people of the state of New York.
12 § 2. The public health law is amended by adding a new article 27-BB to
13 read as follows:
14 ARTICLE 27-BB
15 ASTHMA DISEASE MANAGEMENT AND CONTROL
16 Section 2725. Asthma disease management and control program.
17 2726. Study of asthma incidence and prevalence.
18 2727. Asthma disease advisory panel.
19 2728. Annual report.
20 § 2725. Asthma disease management and control program. 1. There is
21 hereby created within the department the asthma disease management and
22 control program (referred to in this article as the "program"). The
23 purpose of the program is to promote asthma disease management and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02909-01-9
S. 1875 2
1 education and outreach about asthma to people who suffer from asthma and
2 their families, health care providers, and the general public.
3 2. Services to be provided by the program may include:
4 (a) asthma disease management and case management for patients and
5 their families;
6 (b) asthma outreach and screening;
7 (c) the promotion of awareness of the causes of asthma;
8 (d) education on prevention strategies;
9 (e) education on proper disease management practices; and
10 (f) education on available treatment modalities.
11 3. The commissioner shall make grants within the amounts appropriated
12 therefore to local health agencies, health care providers, schools,
13 school based health centers and community-based organizations, and other
14 organizations with demonstrated interest and expertise in serving
15 persons with asthma to provide the services set out in this section.
16 Grant recipients shall be government entities or not-for-profit organ-
17 izations.
18 The commissioner may coordinate grants under this subdivision with the
19 availability of grants from other sources. The commissioner may also
20 accept or seek grants from other sources to enhance the amounts appro-
21 priated to the program.
22 § 2726. Study of asthma incidence and prevalence. 1. The department
23 shall study the incidence and prevalence of asthma in the state's popu-
24 lation and current disease management practices. Such study shall
25 include:
26 (a) the cause and nature of the disease;
27 (b) behavioral and environmental triggers;
28 (c) an assessment of the need for patient-centered case management to
29 meet specific physical and environmental needs of patients;
30 (d) outcome evaluations, including, but not limited to, patient
31 perceptions of improvement, signs and symptoms of asthma, pulmonary
32 function, history of asthma exacerbations, pharmacotherapy, assessment
33 of hospital emergency room visits for asthma, and patient-provider
34 communication; and
35 (e) an assessment of the ability of providers, including non-profes-
36 sionals and health care professionals such as physicians, nurses, phar-
37 macists and respiratory therapists, to systemically instruct and develop
38 asthma management plans for patients and frequently review with patients
39 and their families how to manage and control their asthma.
40 2. The department shall gather data for monitoring the occurrence,
41 frequency, incidence, cause, effect and severity of asthma.
42 (a) The department may require the following to report data under this
43 subdivision:
44 i. the statewide planning and research cooperative system (SPARCS);
45 ii. health maintenance organizations licensed pursuant to article
46 forty-three of the insurance law or certified pursuant to this chapter
47 or an independent practice association certified or recognized pursuant
48 to this chapter;
49 iii. other insurers;
50 iv. the Medicaid (title XIX of the federal social security act)
51 program;
52 v. health facilities;
53 vi. health care practitioners;
54 vii. patients: self reporting;
55 viii. the department of environmental conservation; and
56 ix. any other source the commissioner deems appropriate.
S. 1875 3
1 (b) The department shall compile and analyze data gathered under para-
2 graph (a) of this subdivision and correlate it with data as to places of
3 employment, areas of residence, schools attended, environmental factors
4 including proximity to source of pollution and such other data as the
5 department deems appropriate.
6 (c) The department shall maintain and compile reported data in a
7 manner suitable for research purposes and shall collect and make such
8 data available to persons in the manner set forth in subdivision three
9 of this section.
10 3. Any data collected or reported shall not contain the name of any
11 patient, his or her social security number, or any other information
12 which would permit a patient to be identified. The department shall
13 develop a unique, confidential identifier to be used in the collection
14 of patient information as required by this section.
15 § 2727. Asthma disease advisory panel. There is hereby created within
16 the department an asthma disease advisory panel (known as the "advisory
17 panel" for the purposes of this article). The advisory panel shall
18 advise the commissioner regarding the implementation of programs,
19 studies and reports authorized under this article. The governor shall
20 appoint eleven members to the advisory panel. Two of the members shall
21 be appointed upon the recommendation of the speaker of the assembly, two
22 of the members shall be appointed upon the recommendation of the tempo-
23 rary president of the senate, one of the members shall be appointed
24 upon the recommendation of the minority leader of the assembly, and one
25 of the members shall be appointed upon the recommendation of the minori-
26 ty leader of the senate. The appointees shall be persons knowledgeable
27 in the causes and management of asthma and shall have demonstrated
28 commitment to improving the detection of asthma and the delivery of
29 services to people with asthma. At least one member shall represent the
30 interests of persons with asthma and at least one member shall be know-
31 ledgeable of environmental factors relating to asthma.
32 § 2728. Annual report. Commencing on the first of January next
33 succeeding the effective date of this section and annually thereafter,
34 the commissioner, in consultation with the advisory panel, shall submit
35 a report regarding the status and accomplishments of the program and
36 provide recommendations to the governor, the temporary president and the
37 minority leader of the senate, and the speaker and the minority leader
38 of the assembly.
39 § 3. This act shall take effect on the one hundred twentieth day after
40 it shall have become law. Effective immediately that the commissioner of
41 health is authorized to promulgate any and all rules and regulations and
42 take any other measures necessary to implement this act on its effective
43 date.
