Bill Text: NY S02439 | 2013-2014 | General Assembly | Introduced

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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.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2013-05-29 - SUBSTITUTED BY A2893 [S02439 Detail]

Download: New_York-2013-S02439-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2439
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 17, 2013
                                      ___________
       Introduced  by  Sen.  KLEIN  -- 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 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
       S. 2439                             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.