Establishes a task force on occupational wellness to study and evaluate the existing health of the state's workforce and the potential benefits of implementing occupational wellness programs; provides such task force shall be within the department of health and shall consist of thirteen members.
STATE OF NEW YORK
________________________________________________________________________
3962--A
2011-2012 Regular Sessions
IN SENATE
March 10, 2011
___________
Introduced by Sen. SMITH -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to establish a task force on occupational wellness and providing
for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. The legislature hereby
2 finds that healthier employees experience less absenteeism, greater
3 productivity, better mental performance, and increased job satisfaction,
4 performance and morale.
5 The legislature hereby finds that occupational wellness programs and
6 preventative health strategies directly address the leading causes of
7 disability and premature death in the United States. Furthermore, the
8 vital importance of this issue was recently crystallized by the United
9 States Centers for Disease Control and Prevention (CDC) who earmarked
10 $14 million to study occupational wellness programs.
11 The legislature hereby finds that there is a significant state inter-
12 est in encouraging a proactive approach to preventing illness and inju-
13 ry, as opposed to the traditional reactive, sick-care method. A reorien-
14 tation of our systematic approach to health care is exemplified by
15 United States Senate Bill 2558, the Healthy Lifestyles and Prevention
16 (HeLP) Act and New York State Senate Bill 5774-A of 1999-2000, The Well-
17 ness and Preventative Health Care Program.
18 The legislature hereby finds that individual studies and evaluations
19 of wellness programs have concluded that such endeavors have dual, rein-
20 forcing, and parallel benefits. In the first instance, employees have
21 become more fit, reduced obesity, lessened stress levels, quit smoking,
22 and achieved other propitious outcomes. Secondarily, wellness programs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10044-02-2
S. 3962--A 2
1 have increased overall productivity, economic viability, and reduced
2 health care costs relative to employers.
3 The legislature hereby finds that encouragement of a healthy life-
4 style, while accruing concrete benefits to employees and employers
5 alike, in the final analysis -- empowers individuals, strengthens fami-
6 lies, and promotes a greater quality of life.
7 The legislature intends to ensconce the ethic of a healthy workforce
8 into the fabric of our personal and professional lives, while realizing
9 the tertiary benefits of savings on insurance premiums as the result of
10 reducing the number and instance of health insurance and workers'
11 compensation claims filed by employees.
12 § 2. Task force on occupational wellness. 1. There is hereby created
13 within the department of health a task force on occupational wellness.
14 The task force shall consist of nine members to be appointed as follows:
15 three members to be appointed by the governor, including one represen-
16 tative each from the department of health and the insurance department
17 and a representative who is a small business owner; two members to be
18 appointed by the speaker of the assembly; one member to be appointed by
19 the minority leader of the assembly; two members to be appointed by the
20 temporary president of the senate and one member to be appointed by the
21 minority leader of the senate. The member from the department of health
22 shall serve as the director of the task force and the commissioner of
23 health may assign such personnel within the amounts appropriated as is
24 necessary to carry out the provisions of this section. Task force
25 members shall receive no compensation for their services but shall be
26 reimbursed for travel expenses incurred in the performance of their
27 duties.
28 2. The task force shall study and evaluate the existing state of
29 employees' health and ascertain if the health of employees can be
30 improved by employers implementing an occupational wellness program.
31 3. On or before January 1, 2014, the task force shall prepare and
32 submit to the governor, the temporary president of the senate, the
33 speaker of the assembly, the minority leader of the senate and the
34 minority leader of the assembly a report which shall include, but not be
35 limited to:
36 (a) information on whether the creation of occupational wellness
37 programs encouraging or providing incentives for employees who regularly
38 engage in physical activity and preventive health care would be benefi-
39 cial to the citizens of the state of New York;
40 (b) recommendations regarding how occupational wellness programs can
41 be improved;
42 (c) examining the concept of occupational wellness as a whole, includ-
43 ing the history of such concept, where and how it has worked and the
44 costs and implications of such programs; and
45 (d) creating a blueprint of the best practices of wellness, how to
46 implement such practices and what steps need to be taken to realize the
47 concept of occupational wellness in practice.
48 § 3. This act shall take effect on the one hundred twentieth day after
49 it shall have become a law provided that the provisions of this act
50 shall expire September 1, 2014 when upon such date the provisions of
51 this act shall be deemed repealed; provided, however, that effective
52 immediately, the addition, amendment and/or repeal of any rule or regu-
53 lation necessary for the implementation of this act on its effective
54 date is authorized and directed to be made and completed on or before
55 such effective date.
