Bill Text: NY S08186 | 2009-2010 | General Assembly | Introduced

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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

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                           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.