Bill Text: NY S07115 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides for the inclusion of weight control in the health care and wellness education and outreach program; includes weight management and physical fitness in wellness programs. [Track Bill]

Status: 2012-06-06 - PRINT NUMBER 7115B [S07115 Detail]

Download: New_York-2011-S07115-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7115--A
                                   I N  S E N A T E
                                    April 30, 2012
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the public health law, in relation to the inclusion of
         weight control in the health care and wellness education and  outreach
         program;  and  to  amend  the  insurance  law, in relation to wellness
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The opening paragraph of subdivision 1, and subdivisions
    2  3, 4 and 6 of section 207 of  the  public  health  law,  as  amended  by
    3  section  16 of part A of chapter 109 of the laws of 2010, are amended to
    4  read as follows:
    5    There is hereby created within the  department  the  health  care  and
    6  wellness  education  and  outreach  program.  The department may conduct
    7  education and outreach programs for consumers, patients, ELEMENTARY  AND
    8  SECONDARY  SCHOOL  EDUCATORS,  and health care providers relating to any
    9  health care matters the commissioner deems appropriate and:
   10    3. The department may produce, make available to  others  for  reprod-
   11  uction,  or  contract with others to develop such materials mentioned in
   12  this section as the  commissioner  deems  appropriate.  These  materials
   13  shall  be  made  available to the public AND TO ELEMENTARY AND SECONDARY
   14  SCHOOL EDUCATORS free of charge  as  appropriate  or  for  a  fee  under
   15  certain  circumstances.  The  commissioner may require where appropriate
   16  any health care provider to make these materials available to patients.
   17    4. In exercising any of his or her  powers  under  this  section,  the
   18  commissioner  may  consult  with  appropriate health care professionals,
   19  providers, consumers, EDUCATORS and patients or organizations represent-
   20  ing them.
   21    6. The commissioner  may  appoint  as  appropriate  advisory  councils
   22  relating  to various matters that are or are proposed to be the subjects
   23  of programs under this section. All such councils shall  include  repre-
   24  sentation of health care professionals, providers, EDUCATORS, consumers,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13426-16-2
       S. 7115--A                          2
    1  patients  and  other  appropriate interests. The members of the councils
    2  shall receive no compensation for their services, but shall  be  allowed
    3  their  actual  and  necessary  expenses incurred in performance of their
    4  duties.
    5    S  2. Subdivision 1 of section 207 of the public health law is amended
    6  by adding a new paragraph (i) to read as follows:
    7    (I) ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO  ADULTS
    8  AND  CHILDREN  WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT. THE INFORMA-
    9  TION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO  PROVIDING  CITATIONS  TO
   10  THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
   11  MATION ON THE SUBJECT.
   12    S  3.  Paragraphs  6  and  7  of subsection (b) of section 3239 of the
   13  insurance law, as added by chapter 592 of the laws of 2008, are  amended
   14  and a new paragraph 8 is added to read as follows:
   15    (6) a nutrition education program; [and]
   16    (7) health or fitness incentive programs[.]; AND
   17    (8)  A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT AND
   18  PHYSICAL FITNESS PROGRAM TO COMBAT  THE  HIGH  INCIDENCE  OF  ADULT  AND
   19  CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
   20    S  4.  Subparagraphs  (C)  and (D) of paragraph 2 of subsection (c) of
   21  section 3239 of the insurance law, as added by chapter 592 of  the  laws
   22  of  2008, are amended and two new subparagraphs (E) and (F) are added to
   23  read as follows:
   24    (C) the waiver or reduction of copayments, coinsurance and deductibles
   25  for preventive services covered under the  group  policy  or  subscriber
   26  contract; [and]
   27    (D)  monetary  rewards in the form of gift cards or gift certificates,
   28  so long as the recipient of the reward is encouraged to use  the  reward
   29  for  a  product  or a service that promotes good health, such as healthy
   30  cook books, over the counter vitamins or exercise equipment[.];
   31    (E) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF  PARTICIPATING  IN  A
   32  STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
   33    (F)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
   34  HEALTH OR FITNESS PROGRAM.
   35    S 5. This act shall take effect immediately, except that sections  one
   36  and two of this act shall take effect one year after this act shall have
   37  become  a law; provided that, effective immediately, any rules and regu-
   38  lations necessary to implement the provisions of this act on its  effec-
   39  tive  date are authorized and directed to be completed on or before such
   40  date.