Bill Text: NY S01875 | 2009-2010 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HEALTH [S01875 Detail]

Download: New_York-2009-S01875-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1875
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   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    S 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    S 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    S  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    S 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    S 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    S 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.
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