Bill Text: NY S09131 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to elevated lead levels in children; establishes that elevated lead levels means a blood lead level greater than or equal to five micrograms per deciliter of whole blood; requires the department of health to establish a hotline for physicians to report elevated lead levels; and requires insurance companies to cover testing for elevated lead levels.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-07-09 - REFERRED TO RULES [S09131 Detail]
Download: New_York-2017-S09131-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9131 IN SENATE July 9, 2018 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, the insurance law, the social services law and the public housing law, in relation to elevated lead levels in children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Dakota's Law". 2 § 2. Subdivision 6 of section 1370 of the public health law, as 3 amended by chapter 485 of the laws of 1992, is amended to read as 4 follows: 5 6. "Elevated lead levels" means a blood lead level greater than or 6 equal to [ten] five micrograms of lead per deciliter of whole blood or 7 such lower blood lead level as may be established by the department 8 pursuant to rule or regulation. 9 § 3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the 10 public health law, paragraph (c) as amended by section 4 of part A of 11 chapter 58 of the laws of 2009, and paragraph (d) as added by chapter 12 485 of the laws of 1992, are amended and three new paragraphs (e), (f) 13 and (g) are added to read as follows: 14 (c) establish a statewide registry of lead levels of children provided 15 such information is maintained as confidential except for (i) disclosure 16 for medical treatment purposes; (ii) disclosure of non-identifying 17 epidemiological data; and (iii) disclosure of information from such 18 registry to the statewide immunization information system established by 19 section twenty-one hundred sixty-eight of this chapter; [and] 20 (d) develop and implement public education and community outreach 21 programs on lead exposure, detection and risk reduction[.]; 22 (e) establish a process that allows physicians to record when a child 23 under such physician's care has completed a lead screening and/or 24 obtained a blood test for lead to the statewide immunization information 25 system established by section twenty-one hundred sixty-eight of this 26 chapter; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15313-03-8S. 9131 2 1 (f) add a question to the lead exposure risk assessment questionnaire 2 for children which shall include a question asking if the child has 3 obtained a blood test for lead at the ages of twelve months old and 4 twenty-four months old; and 5 (g) establish a hotline, to be operated by the department, to serve as 6 a centralized system for physicians to report elevated lead levels as 7 required pursuant to section thirteen hundred seventy-e of this title. 8 The department shall utilize the information reported to such hotline to 9 notify the appropriate local or state health officer of elevated lead 10 levels as required to be reported pursuant to this title. 11 § 4. Subdivision 1 of section 1370-e of the public health law, as 12 added by chapter 485 of the laws of 1992, is amended to read as follows: 13 1. Every physician or authorized practitioner shall give notice of 14 elevated lead levels [as specified by the commissioner pursuant to regu-15lation,] of five micrograms of lead per deciliter of whole blood to the 16 health officer of the health district wherein the patient resides, 17 except as otherwise provided. 18 § 5. Section 1373 of the public health law is amended by adding a new 19 subdivision 6 to read as follows: 20 6. (a) The commissioner or their representative shall require the 21 jurisdictional local or state health department to investigate cases of 22 elevated lead levels, as defined in subdivision six of section thirteen 23 hundred seventy of this title, that are reported by physicians to a 24 local or state health officer pursuant to section thirteen hundred 25 seventy-e of this title. 26 (b) A jurisdictional local health department may request assistance 27 from the state department of health to investigate cases of elevated 28 lead levels if such jurisdictional local health department does not have 29 the capacity and/or resources to investigate such cases as required 30 pursuant to paragraph (a) of this subdivision. 31 (c) For the purposes of this subdivision, "jurisdictional local or 32 state health department" shall mean the local or state health department 33 of the local or state health officer whom a physician has reported 34 elevated lead levels to pursuant to section thirteen hundred seventy-e 35 of this title. 36 § 6. Subsection (i) of section 3216 of the insurance law is amended by 37 adding a new paragraph 35 to read as follows: 38 (35) Every insurer issuing a policy of accident and health insurance 39 for delivery in this state shall provide coverage for screening and 40 blood tests of children for elevated lead levels. For the purposes of 41 this paragraph, "elevated lead levels" shall have the same meaning as 42 set forth in subdivision six of section thirteen hundred seventy of the 43 public health law. 44 § 7. Subsection (k) of section 3221 of the insurance law is amended by 45 adding a new paragraph 22 to read as follows: 46 (22) Every group or blanket policy delivered or issued for delivery in 47 this state which provides hospital, surgical or medical coverage shall 48 provide coverage for screening and blood tests of children for elevated 49 lead levels. For the purposes of this paragraph, "elevated lead levels" 50 shall have the same meaning as set forth in subdivision six of section 51 thirteen hundred seventy of the public health law. 52 § 8. Section 4303 of the insurance law is amended by adding a new 53 subsection (ss) to read as follows: 54 (ss) Every medical expense indemnity corporation, hospital service 55 corporation and health service corporation which provides coverage for 56 medical, surgical or major medical care shall provide coverage forS. 9131 3 1 screening and blood tests of children for elevated lead levels. For the 2 purposes of this paragraph, "elevated lead levels" shall have the same 3 meaning as set forth in subdivision six of section thirteen hundred 4 seventy of the public health law. 5 § 9. Subdivision 2 of section 365-a of the social services law is 6 amended by adding a new paragraph (ff) to read as follows: 7 (ff) screening and blood tests of children for elevated lead levels. 8 For the purposes of this paragraph, elevated lead levels means a blood 9 lead level greater than or equal to five micrograms of lead per decili- 10 ter of whole blood. 11 § 10. Subdivision 4 of section 14 of the public housing law is amended 12 by adding a new paragraph (e) to read as follows: 13 (e) the commissioner, their counsel or any other officer or employee 14 of the division specially designated by the commissioner shall promul- 15 gate rules, regulations and policies which: 16 (i) set the action level for lead to five micrograms of lead per 17 deciliter of whole blood when identifying elevated blood lead levels of 18 children occupying a dwelling in public housing; and 19 (ii) require projects to follow the federal department of housing and 20 urban development's guidance on lead safe housing rule pertaining to 21 elevated blood levels for the public housing, housing choice voucher, 22 and project-based voucher programs. 23 § 11. This act shall take effect immediately.
