Bill Text: NY S07115 | 2011-2012 | General Assembly | Amended

---

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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-06 - PRINT NUMBER 7115B [S07115 Detail]

Download: New_York-2011-S07115-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7115--B
                                   I N  S E N A T E
                                    April 30, 2012
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  reported  favorably  from  said committee and
         committed to the Committee on Finance --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13426-18-2
       S. 7115--B                          2
    1  providers, consumers, EDUCATORS and patients or organizations represent-
    2  ing them.
    3    6.  The  commissioner  may  appoint  as  appropriate advisory councils
    4  relating to various matters that are or are proposed to be the  subjects
    5  of  programs  under this section. All such councils shall include repre-
    6  sentation of health care professionals, providers, EDUCATORS, consumers,
    7  patients and other appropriate interests. The members  of  the  councils
    8  shall  receive  no compensation for their services, but shall be allowed
    9  their actual and necessary expenses incurred  in  performance  of  their
   10  duties.
   11    S  2. Subdivision 1 of section 207 of the public health law is amended
   12  by adding a new paragraph (i) to read as follows:
   13    (I) ABOUT THE SHORT TERM AND LONG TERM ADVERSE HEALTH RISKS TO  ADULTS
   14  AND  CHILDREN  WHO BECOME OVERWEIGHT, OBESE OR UNDERWEIGHT. THE INFORMA-
   15  TION SHALL INCLUDE, BUT NEED NOT BE LIMITED TO  PROVIDING  CITATIONS  TO
   16  THE DEPARTMENT'S WEBSITE, AS WELL AS ANY OTHER WEBSITES PROVIDING INFOR-
   17  MATION ON THE SUBJECT.
   18    S  3.  Paragraphs  6  and  7  of subsection (b) of section 3239 of the
   19  insurance law, as added by chapter 592 of the laws of 2008, are  amended
   20  and a new paragraph 8 is added to read as follows:
   21    (6) a nutrition education program; [and]
   22    (7) health or fitness incentive programs[.]; AND
   23    (8)  A COORDINATED WEIGHT MANAGEMENT, NUTRITION, STRESS MANAGEMENT AND
   24  PHYSICAL FITNESS PROGRAM TO COMBAT  THE  HIGH  INCIDENCE  OF  ADULT  AND
   25  CHILDHOOD OBESITY, ASTHMA AND OTHER CHRONIC RESPIRATORY CONDITIONS.
   26    S  4.  Subparagraphs  (C)  and (D) of paragraph 2 of subsection (c) of
   27  section 3239 of the insurance law, as added by chapter 592 of  the  laws
   28  of  2008, are amended and two new subparagraphs (E) and (F) are added to
   29  read as follows:
   30    (C) the waiver or reduction of copayments, coinsurance and deductibles
   31  for preventive services covered under the  group  policy  or  subscriber
   32  contract; [and]
   33    (D)  monetary  rewards in the form of gift cards or gift certificates,
   34  so long as the recipient of the reward is encouraged to use  the  reward
   35  for  a  product  or a service that promotes good health, such as healthy
   36  cook books, over the counter vitamins or exercise equipment[.];
   37    (E) FULL OR PARTIAL REIMBURSEMENT OF THE COST OF  PARTICIPATING  IN  A
   38  STRESS MANAGEMENT PROGRAM OR ACTIVITY; AND
   39    (F)  FULL  OR  PARTIAL REIMBURSEMENT OF THE COST OF PARTICIPATING IN A
   40  HEALTH OR FITNESS PROGRAM.
   41    S 5. This act shall take effect immediately.