Bill Text: NY S08186 | 2009-2010 | 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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-15 - REFERRED TO RULES [S08186 Detail]
Download: New_York-2009-S08186-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8186 I N S E N A T E June 15, 2010 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. 26 S 266-A. ADVISORY COMMITTEE. 1. THERE IS HEREBY ESTABLISHED, WITHIN 27 THE DEPARTMENT, THE ADVISORY COMMITTEE ON PUBLIC WELLNESS. SUCH COMMIT- 28 TEE SHALL BE COMPOSED OF THE COMMISSIONER, OR HIS OR HER DESIGNEE, THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16132-01-0 S. 8186 2 1 COMMISSIONER OF MENTAL HEALTH, OR HIS OR HER DESIGNEE, AND THE COMMIS- 2 SIONER OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR HIS OR 3 HER DESIGNEE. 4 2. THE COMMITTEE SHALL CONVENE AS FREQUENTLY AS SHALL BE NECESSARY TO 5 ESTABLISH AND APPROVE WELLNESS PROGRAMS TO BE IMPLEMENTED BY INSURERS 6 AND EMPLOYERS FOR THE BENEFIT OF THEIR INSURERS OR EMPLOYEES, AS THE 7 CASE MAY BE. 8 S 266-B. POWERS AND DUTIES. THE COMMITTEE SHALL: 9 1. ESTABLISH AND UPDATE IN A TIMELY MANNER MINIMUM REQUIREMENTS FOR 10 QUALIFIED WELLNESS PROGRAMS CONDUCTED BY EMPLOYERS AND INSURERS. EACH 11 SUCH PROGRAM SHALL: 12 A. BE CONSISTENT WITH EVIDENCE-BASED RESEARCH AND BEST PRACTICES, AS 13 IDENTIFIED BY INDIVIDUALS WITH EXPERTISE IN HEALTH PROMOTION AND WELL- 14 NESS PROGRAMS, 15 B. INCLUDE MULTIPLE, EVIDENCE-BASED STRATEGIES WHICH ARE BASED ON THE 16 EXISTING AND EMERGING RESEARCH AND CAREFUL SCIENTIFIC REVIEWS, INCLUDING 17 THE GUIDE TO COMMUNITY PREVENTATIVE SERVICES, THE GUIDE TO CLINICAL 18 PREVENTATIVE SERVICES, AND THE NATIONAL REGISTRY OF EFFECTIVE PROGRAMS, 19 AND 20 C. INCLUDE STRATEGIES WHICH FOCUS ON PREVENTION AND SUPPORT FOR 21 EMPLOYEES AND INSUREDS AT RISK OF POOR HEALTH OUTCOMES; AND 22 2. DURING THE CONSIDERATION OF ANY WELLNESS PROGRAM PRESENTED BY AN 23 INSURER OR EMPLOYER: 24 A. ENSURE THAT THE INSURER OR EMPLOYER HAS MADE THE PROGRAM CULTURALLY 25 COMPETENT, PHYSICALLY AND PROGRAMMATICALLY ACCESSIBLE (INCLUDING FOR 26 INDIVIDUALS WITH DISABILITIES) AND APPROPRIATE TO THE HEALTH LITERACY 27 NEEDS OF THE INSUREDS OR EMPLOYEES COVERED BY SUCH PROGRAM, 28 B. REQUIRE A HEALTH LITERACY COMPONENT TO PROVIDE SPECIAL ASSISTANCE 29 AND MATERIALS TO INSUREDS AND EMPLOYEES WITH LOW LITERACY SKILLS, LIMIT- 30 ED ENGLISH AND FROM UNDERSERVED POPULATIONS, AND 31 C. COMPILE AND DISSEMINATE, TO THE INSURER OR EMPLOYER, INFORMATION ON 32 MODEL HEALTH LITERACY CURRICULA, INSTRUCTIONAL PROGRAMS AND EFFECTIVE 33 INTERVENTION STRATEGIES. 34 S 266-C. WELLNESS PROGRAM COMPONENTS. EVERY QUALIFIED WELLNESS PROGRAM 35 SHALL INCLUDE THE FOLLOWING COMPONENTS: 36 1. A HEALTH AWARENESS COMPONENT WHICH PROVIDES: 37 A. HEALTH EDUCATION WHICH SHALL INCLUDE THE DISSEMINATION OF HEALTH 38 INFORMATION WHICH ADDRESSES THE SPECIFIC NEEDS AND HEALTH RISKS OF 39 INSUREDS OR EMPLOYEES, AND 40 B. HEALTH SCREENINGS WHICH SHALL INCLUDE THE OPPORTUNITY FOR PERIODIC 41 SCREENINGS FOR HEALTH PROBLEMS AND REFERRALS FOR APPROPRIATE FOLLOW-UP 42 MEASURES; 43 2. AN EMPLOYEE OR INSURED ENGAGEMENT COMPONENT WHICH PROVIDES FOR THE 44 ACTIVE ENGAGEMENT OF EMPLOYEES OR INSUREDS IN WELLNESS PROGRAMS THROUGH 45 ASSESSMENTS AND PROGRAM PLANNING, ONSITE DELIVERY, EVALUATION AND 46 IMPROVEMENT EFFORTS; 47 3. A BEHAVIORAL CHANGE COMPONENT WHICH ENCOURAGES HEALTHY LIVING 48 THROUGH COUNSELING, SEMINARS, ON-LINE PROGRAMS, SELF-HELP MATERIALS AND 49 OTHER PROGRAMS WHICH PROVIDE TECHNICAL ASSISTANCE AND PROBLEM SOLVING 50 SKILLS. SUCH COMPONENT MAY INCLUDE PROGRAMS RELATING TO: 51 A. TOBACCO USE, 52 B. OBESITY, 53 C. STRESS MANAGEMENT, 54 D. PHYSICAL FITNESS, 55 E. NUTRITION, 56 F. SUBSTANCE ABUSE, S. 8186 3 1 G. DEPRESSION, AND 2 H. MENTAL HEALTH PROMOTION; AND 3 4. A SUPPORTIVE ENVIRONMENT COMPONENT WHICH SHALL INCLUDE POLICIES AND 4 SERVICES THAT PROMOTE HEALTHY LIFESTYLE INCLUDING: 5 A. TOBACCO USE AT WORKSITES, 6 B. THE NUTRITION OF FOODS AVAILABLE AT WORKSITES THROUGH CAFETERIAS 7 AND VENDING OPTIONS, 8 C. MINIMIZING STRESS AND PROMOTING POSITIVE MENTAL HEALTH, AND 9 D. THE ENCOURAGEMENT OF PHYSICAL ACTIVITY BEFORE, DURING AND AFTER 10 WORK HOURS. 11 S 266-D. OUTREACH. THE COMMITTEE, IN CONJUNCTION WITH OTHER PUBLIC AND 12 PRIVATE ENTITIES, SHALL ESTABLISH AN OUTREACH PROGRAM TO INFORM EMPLOY- 13 ERS AND INSURERS ABOUT THE ESTABLISHMENT OF QUALIFIED WELLNESS PROGRAMS 14 PURSUANT TO THIS TITLE. 15 S 2. This act shall take effect immediately.