Bill Text: NY A00459 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates an education and outreach program for the autoimmune disease known as lupus; provides for an advisory council consisting of representatives of people with lupus and their families and health care providers who specialize in treating lupus.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Engrossed - Dead) 2012-01-10 - REFERRED TO HEALTH [A00459 Detail]
Download: New_York-2011-A00459-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 459 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. GIBSON, JAFFEE, CASTRO, SPANO, ROBINSON, BARRON, CRESPO, ORTIZ -- Multi-Sponsored by -- M. of A. DESTITO, HOOPER, JEFFRIES, LIFTON, McENENY, PEOPLES-STOKES, PERRY, PHEFFER, ROSENTHAL, SCARBOROUGH, SWEENEY, TITONE -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to the lupus educa- tion and outreach program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The legislature hereby finds the 2 following: 3 (a) Lupus is a serious, complex, debilitating autoimmune disease that 4 can cause inflammation and tissue damage to virtually any organ system 5 in the body, including the skin, joints, other connective tissue, blood 6 and blood vessels, heart, lungs, kidney, and brain. 7 (b) Lupus research estimates that approximately one and a half to two 8 million Americans live with some form of lupus; lupus affects women nine 9 times more often than men and eighty percent of newly diagnosed cases of 10 lupus develop among women of childbearing age. 11 (c) Lupus disproportionately affects women of color -- it is two to 12 three times more common among African-Americans, Hispanics, Asians and 13 Native Americans and is generally more prevalent in minority populations 14 -- a health disparity that remains unexplained. According to the Centers 15 for Disease Control and Prevention the rate of lupus mortality has 16 increased since the late 1970s and is higher among older African-Ameri- 17 can women. 18 (d) No new drugs have been approved by the U.S. Food and Drug Adminis- 19 tration specifically for lupus in nearly forty years and while current 20 treatments for the disease can be effective, they can lead to damaging 21 side effects. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00221-01-1 A. 459 2 1 (e) The pain and fatigue associated with lupus can threaten people's 2 ability to live independently, make it difficult to maintain employment 3 and lead normal lives, and one in five people with lupus is disabled by 4 the disease, and consequently receives support from government programs, 5 including Medicare, Medicaid, social security disability, and social 6 security supplemental income. 7 (f) The estimated average annual cost of medical treatment for an 8 individual with lupus can range between ten thousand dollars and thirty 9 thousand dollars; for people who have the most serious form of lupus, 10 medical costs can greatly exceed this amount, causing a significant 11 economic, emotional and social burden to the entire family and society. 12 (g) More than half of the people with lupus suffer four or more years 13 and visit three or more physicians before obtaining a diagnosis of 14 lupus; early diagnosis of and commencement of treatment for lupus can 15 prevent or reduce serious organ damage, disability, and death. 16 (h) Despite the magnitude of lupus and its impact on individuals and 17 families, health professional and public understanding of lupus remains 18 low; only one of five Americans can provide even basic information about 19 lupus, and awareness of lupus is lowest among adults ages eighteen to 20 thirty-four -- the age group most likely to develop symptoms of lupus. 21 (i) Lupus is a significant national health issue that deserves a 22 comprehensive and coordinated response by state and federal governments 23 with involvement of the health care provider, patient, and public health 24 communities. 25 S 2. Subdivision 1 of section 207 of the public health law is amended 26 by adding a new paragraph (i) to read as follows: 27 (I) LUPUS, A DEBILITATING AUTOIMMUNE DISEASE THAT CAN CAUSE INFLAMMA- 28 TION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM IN THE BODY, 29 INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE, BLOOD AND BLOOD 30 VESSELS, HEART, LUNG, KIDNEY AND BRAIN, AND WHICH AFFECTS WOMEN, PARTIC- 31 ULARLY WOMEN OF COLOR, IN A DISPROPORTIONATE MANNER; PROVIDED THAT THE 32 PROGRAM SHALL INCLUDE AN ADVISORY COUNCIL UNDER THIS SECTION THAT SHALL 33 INCLUDE REPRESENTATIVES OF PEOPLE WITH LUPUS AND THEIR FAMILIES AND 34 HEALTH CARE PROVIDERS WHO SPECIALIZE IN TREATING LUPUS, AMONG OTHERS. 35 S 3. Subdivision 7 of section 207 of the public health law, as amended 36 by section 16 of part A of chapter 109 of the laws of 2010, is amended 37 to read as follows: 38 7. In addition to state funds appropriated for programs under this 39 section, the commissioner may accept grants from public or private 40 sources for these programs. The commissioner, in administering this 41 section, shall seek to coordinate the department's programs with other 42 public and private programs, and may undertake joint or cooperative 43 programs with other public or private entities, INCLUDING MAKING GRANTS 44 (WITHIN AMOUNTS APPROPRIATED THEREFOR AND CONSISTENT WITH APPLICABLE 45 LAW) TO PUBLIC OR NOT-FOR-PROFIT ENTITIES. 46 S 4. This act shall take effect immediately.