S T A T E O F N E W Y O R K
________________________________________________________________________
2893
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
___________
Introduced by M. of A. CRESPO, RODRIGUEZ, RAMOS, MOYA, ARROYO, RIVERA,
ESPINAL, SEPULVEDA -- read once and referred to the Committee on
Health
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, EDUCATORS,
8 INCLUDING BUT NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS,
9 and health care providers relating to any health care matters the
10 commissioner deems appropriate and:
11 3. The department may produce, make available to others for reprod-
12 uction, or contract with others to develop such materials mentioned in
13 this section as the commissioner deems appropriate. These materials
14 shall be made available to the public AND TO EDUCATORS, INCLUDING BUT
15 NOT LIMITED TO ELEMENTARY AND SECONDARY SCHOOL EDUCATORS free of charge
16 as appropriate or for a fee under certain circumstances. The commission-
17 er may require where appropriate any health care provider to make these
18 materials available to patients.
19 4. In exercising any of his or her powers under this section, the
20 commissioner may consult with appropriate health care professionals,
21 providers, consumers, EDUCATORS and patients or organizations represent-
22 ing them.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06799-01-3
A. 2893 2
1 6. The commissioner may appoint as appropriate advisory councils
2 relating to various matters that are or are proposed to be the subjects
3 of programs under this section. All such councils shall include repre-
4 sentation of health care professionals, providers, EDUCATORS, consumers,
5 patients and other appropriate interests. The members of the councils
6 shall receive no compensation for their services, but shall be allowed
7 their actual and necessary expenses incurred in performance of their
8 duties.
9 S 2. Subdivision 1 of section 207 of the public health law is amended
10 by adding a new paragraph (i) to read as follows:
11 (I) ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO ADULTS
12 AND CHILDREN WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT. THE INFORMA-
13 TION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO PROVIDING CITATIONS TO
14 THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
15 MATION ON THE SUBJECT.
16 S 3. Paragraphs 6 and 7 of subsection (b) of section 3239 of the
17 insurance law, as added by chapter 592 of the laws of 2008, are amended
18 and a new paragraph 8 is added to read as follows:
19 (6) a nutrition education program; [and]
20 (7) health or fitness incentive programs[.]; AND
21 (8) A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT AND
22 PHYSICAL FITNESS PROGRAM TO COMBAT THE HIGH INCIDENCE OF ADULT AND
23 CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
24 S 4. Subparagraphs (C) and (D) of paragraph 2 of subsection (c) of
25 section 3239 of the insurance law, as added by chapter 592 of the laws
26 of 2008, are amended and two new subparagraphs (E) and (F) are added to
27 read as follows:
28 (C) the waiver or reduction of copayments, coinsurance and deductibles
29 for preventive services covered under the group policy or subscriber
30 contract; [and]
31 (D) monetary rewards in the form of gift cards or gift certificates,
32 so long as the recipient of the reward is encouraged to use the reward
33 for a product or a service that promotes good health, such as healthy
34 cook books, over the counter vitamins or exercise equipment[.];
35 (E) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
36 STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
37 (F) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
38 HEALTH OR FITNESS PROGRAM.
39 S 5. This act shall take effect immediately.