Bill Text: NY S01923 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the advisory committee on public wellness to assist health insurers and employers in establishing wellness programs for insureds and employees.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S01923 Detail]
Download: New_York-2011-S01923-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1923
2011-2012 Regular Sessions
I N S E N A T E
January 14, 2011
___________
Introduced by Sen. HANNON -- 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 an
advisory committee on public wellness
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 2 of the public health law is amended by adding a
2 new title 6 to read as follows:
3 TITLE VI
4 ADVISORY COMMITTEE ON PUBLIC WELLNESS
5 SECTION 266. DEFINITIONS.
6 266-A. ADVISORY COMMITTEE.
7 266-B. POWERS AND DUTIES.
8 266-C. WELLNESS PROGRAM COMPONENTS.
9 266-D. OUTREACH.
10 S 266. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
11 1. "COMMITTEE" SHALL MEAN THE ADVISORY COMMITTEE ON PUBLIC WELLNESS
12 ESTABLISHED PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THIS TITLE.
13 2. "EMPLOYER" SHALL MEAN ANY EMPLOYER WHICH PROVIDES ITS EMPLOYEES
14 WITH HEALTH INSURANCE COVERAGE OR WHICH PAYS FOR ANY PORTION OF THE
15 PREMIUMS FOR HEALTH INSURANCE FOR ITS EMPLOYEES.
16 3. "INSURER" SHALL MEAN:
17 A. ANY INSURER PROVIDING ACCIDENT AND HEALTH INSURANCE PURSUANT TO
18 ARTICLE THIRTY-TWO OF THE INSURANCE LAW,
19 B. ANY CORPORATION PROVIDING HEALTH INSURANCE PURSUANT TO ARTICLE
20 FORTY-THREE OF THE INSURANCE LAW, AND
21 C. ANY HEALTH MAINTENANCE ORGANIZATION OPERATED PURSUANT TO ARTICLE
22 FORTY-FOUR OF THIS CHAPTER.
23 4. "WELLNESS" SHALL MEAN THE PROCESS OF IMPROVING AND ENRICHING AN
24 INDIVIDUAL'S HEALTH THROUGH A COMBINATION OF REGULAR EXERCISE, HEALTHY
25 LIFESTYLE AND POSITIVE MINDSET.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07096-01-1
S. 1923 2
1 S 266-A. ADVISORY COMMITTEE. 1. THERE IS HEREBY ESTABLISHED, WITHIN
2 THE DEPARTMENT, THE ADVISORY COMMITTEE ON PUBLIC WELLNESS. SUCH COMMIT-
3 TEE SHALL BE COMPOSED OF THE COMMISSIONER, OR HIS OR HER DESIGNEE, THE
4 COMMISSIONER OF MENTAL HEALTH, OR HIS OR HER DESIGNEE, AND THE COMMIS-
5 SIONER OF DEVELOPMENTAL DISABILITIES, OR HIS OR HER DESIGNEE.
6 2. THE COMMITTEE SHALL CONVENE AS FREQUENTLY AS SHALL BE NECESSARY TO
7 ESTABLISH AND APPROVE WELLNESS PROGRAMS TO BE IMPLEMENTED BY INSURERS
8 AND EMPLOYERS FOR THE BENEFIT OF THEIR INSURERS OR EMPLOYEES, AS THE
9 CASE MAY BE.
10 S 266-B. POWERS AND DUTIES. THE COMMITTEE SHALL:
11 1. ESTABLISH AND UPDATE IN A TIMELY MANNER MINIMUM REQUIREMENTS FOR
12 QUALIFIED WELLNESS PROGRAMS CONDUCTED BY EMPLOYERS AND INSURERS. EACH
13 SUCH PROGRAM SHALL:
14 A. BE CONSISTENT WITH EVIDENCE-BASED RESEARCH AND BEST PRACTICES, AS
15 IDENTIFIED BY INDIVIDUALS WITH EXPERTISE IN HEALTH PROMOTION AND WELL-
16 NESS PROGRAMS,
17 B. INCLUDE MULTIPLE, EVIDENCE-BASED STRATEGIES WHICH ARE BASED ON THE
18 EXISTING AND EMERGING RESEARCH AND CAREFUL SCIENTIFIC REVIEWS, INCLUDING
19 THE GUIDE TO COMMUNITY PREVENTATIVE SERVICES, THE GUIDE TO CLINICAL
20 PREVENTATIVE SERVICES, AND THE NATIONAL REGISTRY OF EFFECTIVE PROGRAMS,
21 AND
22 C. INCLUDE STRATEGIES WHICH FOCUS ON PREVENTION AND SUPPORT FOR
23 EMPLOYEES AND INSUREDS AT RISK OF POOR HEALTH OUTCOMES; AND
24 2. DURING THE CONSIDERATION OF ANY WELLNESS PROGRAM PRESENTED BY AN
25 INSURER OR EMPLOYER:
26 A. ENSURE THAT THE INSURER OR EMPLOYER HAS MADE THE PROGRAM CULTURALLY
27 COMPETENT, PHYSICALLY AND PROGRAMMATICALLY ACCESSIBLE (INCLUDING FOR
28 INDIVIDUALS WITH DISABILITIES) AND APPROPRIATE TO THE HEALTH LITERACY
29 NEEDS OF THE INSUREDS OR EMPLOYEES COVERED BY SUCH PROGRAM,
30 B. REQUIRE A HEALTH LITERACY COMPONENT TO PROVIDE SPECIAL ASSISTANCE
31 AND MATERIALS TO INSUREDS AND EMPLOYEES WITH LOW LITERACY SKILLS, LIMIT-
32 ED ENGLISH AND FROM UNDERSERVED POPULATIONS, AND
33 C. COMPILE AND DISSEMINATE, TO THE INSURER OR EMPLOYER, INFORMATION ON
34 MODEL HEALTH LITERACY CURRICULA, INSTRUCTIONAL PROGRAMS AND EFFECTIVE
35 INTERVENTION STRATEGIES.
36 S 266-C. WELLNESS PROGRAM COMPONENTS. EVERY QUALIFIED WELLNESS PROGRAM
37 SHALL INCLUDE THE FOLLOWING COMPONENTS:
38 1. A HEALTH AWARENESS COMPONENT WHICH PROVIDES:
39 A. HEALTH EDUCATION WHICH SHALL INCLUDE THE DISSEMINATION OF HEALTH
40 INFORMATION WHICH ADDRESSES THE SPECIFIC NEEDS AND HEALTH RISKS OF
41 INSUREDS OR EMPLOYEES, AND
42 B. HEALTH SCREENINGS WHICH SHALL INCLUDE THE OPPORTUNITY FOR PERIODIC
43 SCREENINGS FOR HEALTH PROBLEMS AND REFERRALS FOR APPROPRIATE FOLLOW-UP
44 MEASURES;
45 2. AN EMPLOYEE OR INSURED ENGAGEMENT COMPONENT WHICH PROVIDES FOR THE
46 ACTIVE ENGAGEMENT OF EMPLOYEES OR INSUREDS IN WELLNESS PROGRAMS THROUGH
47 ASSESSMENTS AND PROGRAM PLANNING, ONSITE DELIVERY, EVALUATION AND
48 IMPROVEMENT EFFORTS;
49 3. A BEHAVIORAL CHANGE COMPONENT WHICH ENCOURAGES HEALTHY LIVING
50 THROUGH COUNSELING, SEMINARS, ON-LINE PROGRAMS, SELF-HELP MATERIALS AND
51 OTHER PROGRAMS WHICH PROVIDE TECHNICAL ASSISTANCE AND PROBLEM SOLVING
52 SKILLS. SUCH COMPONENT MAY INCLUDE PROGRAMS RELATING TO:
53 A. TOBACCO USE,
54 B. OBESITY,
55 C. STRESS MANAGEMENT,
56 D. PHYSICAL FITNESS,
S. 1923 3
1 E. NUTRITION,
2 F. SUBSTANCE ABUSE,
3 G. DEPRESSION, AND
4 H. MENTAL HEALTH PROMOTION; AND
5 4. A SUPPORTIVE ENVIRONMENT COMPONENT WHICH SHALL INCLUDE POLICIES AND
6 SERVICES THAT PROMOTE HEALTHY LIFESTYLE INCLUDING:
7 A. TOBACCO USE AT WORKSITES,
8 B. THE NUTRITION OF FOODS AVAILABLE AT WORKSITES THROUGH CAFETERIAS
9 AND VENDING OPTIONS,
10 C. MINIMIZING STRESS AND PROMOTING POSITIVE MENTAL HEALTH, AND
11 D. THE ENCOURAGEMENT OF PHYSICAL ACTIVITY BEFORE, DURING AND AFTER
12 WORK HOURS.
13 S 266-D. OUTREACH. THE COMMITTEE, IN CONJUNCTION WITH OTHER PUBLIC AND
14 PRIVATE ENTITIES, SHALL ESTABLISH AN OUTREACH PROGRAM TO INFORM EMPLOY-
15 ERS AND INSURERS ABOUT THE ESTABLISHMENT OF QUALIFIED WELLNESS PROGRAMS
16 PURSUANT TO THIS TITLE.
17 S 2. This act shall take effect immediately.
