S1923-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jan 14, 2011: REFERRED TO HEALTH

S1923-2011 Memo

BILL NUMBER:S1923

TITLE OF BILL:
An act
to amend the public health law, in relation to establishing an advisory
committee on public wellness

PURPOSE:
Establishes the advisory committee on public wellness to assist health
insurers and employers in establishing wellness programs for insureds
and employees.

SUMMARY OF PROVISIONS:
Amends Article 2 of the public health law to add a new title 6 to read
"Advisory Committee on Public Wellness."

Article 2 of the public health law is amended by adding Section 266
which includes a definitional section.

Article 2 of the public health law is amended by adding Section 266-a
which establishes an advisory committee on public wellness. Section
266-a sets forth the composition of the advisory committee, and how
often the advisory committee shall convene.

Article 2 of the public health law is amended by adding Section 266-b
to provide the powers and duties of the advisory committee which
shall include, in pertinent part, the ability to establish and update
minimum requirements for qualified wellness programs conducted by
employers and insurers. Each program must be consistent with, and
include, specified guidelines and strategies.
During the consideration of any wellness program, presented by an
insurer or employer, the advisory committee must ensure that the
insurer or employer meet specific guidelines of accessibility and
health literacy, require a health literacy component, and compile and
disseminate to the insurer or employer information on instructional
information.

Article 2 of the public health law is amended by adding Section 266-c
which sets forth the requirements for a qualified wellness program.

Article 2 of the public health law is amended by adding Section 266-d
which provides for outreach program to inform employers and insurers
about the establishment of qualified wellness programs.

EXISTING LAW:
PHL � 207 provides for a health care and wellness education outreach
program within the Department of Health.

PHL Article 27-K ��� 2799-0 - 2799-R establishes the New York Wellness
Works program which provides for a partnership between t~e State and
employers to encourage health screening, education and incentives
tailored to employees' specific needs.

INS � 3239 allows for certain specified entities to provide for
wellness programs, as defined in the section, in conjunction with


their issuance of group accident and health insurance policies or
group subscriber contracts.

JUSTIFICATION:

Underlying the significant debate in the nation about federal health
care reform, is the persistent question of increasing, and often
preventable, chronic health conditions and the exponential costs that
our nation will incur if it is not addressed. According to the Centers
for Disease Control (CDC), medical care costs of people with chronic
diseases account for more than 75 percent of the nation's $2 trillion
in medical care costs. These figures include estimated costs of $174
billion from direct and indirect expenses as a result of diabetes
annually, $193 billion estimated from the direct and indirect costs
associated with smoking, and the near $117 billion of estimated total
costs associated with obesity (as calculated in 2000). Preempting
health care costs, through wellness programs and education is one way
to combat the significant problems that this nation will face in the
future.

Federal laws like the Health Insurance Portability and Accountability
Act (HIPAA), the Americans with Disabilities Act (ADA), the Employee
Retirement Income Security Act (ERISA), the Consolidated Omnibus
Budget Reconciliation Act (COBRA), tax laws, and the Genetic
Information Nondiscrimination Act (GINA) make it difficult for
insurers and employers to implement the most successful programs.
Greater participation by employers and insurers could be encouraged
in New York State through the implementation of an advisory committee
charged with guiding such entities through these complicated laws and
regulations.

According to the U.S. Bureau of Labor Statistics and data collected by
the National Compensation Survey, public sector workers have higher
rates of access to wellness programs and employee assistance programs
than do private sector workers. In a 2009 study, the Bureau of Labor
found that employee access to employer-provided wellness programs had
increased from 35 percent to 54 percent for public sector full-time
workers; and from 1999 to 2009 access had increased from 19 percent
to 28 percent for private sector full-time workers. While it is
laudable that employers have taken the first steps in providing
wellness initiatives, it is vital that programs be streamlined in
order to create appropriate and successful wellness programs for the
benefit of employers, insurers, employees, and our State alike.

This bill will create a wellness advisory committee within the
Department of Health to advise employers and insurers regarding the
most up-to-date information, and approve qualified wellness programs
within the State. A qualified wellness program is intended to be one
that has comprehensive physical, mental, and behavioral health
components buttressed by proper information and medically appropriate
advice. It is foreseeable that initiatives such as this will not only
benefit our citizens in the immediate future through improved health,
but also in the long-term through fiscal recoveries in the fields
including, but not limited to, health and insurance.

LEGISLATIVE HISTORY:
S.8186 of 2010


FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S1923-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1923
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sen.  HANNON -- 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  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:

 

Section 1. Article 2 of the public health law is amended by  adding  a
 new title 6 to read as follows:

 TITLE VI
 ADVISORY COMMITTEE ON PUBLIC WELLNESS
 SECTION 266.   DEFINITIONS.
 266-A. ADVISORY COMMITTEE.
 266-B. POWERS AND DUTIES.
 266-C. WELLNESS PROGRAM COMPONENTS.
 266-D. OUTREACH.
 

S 266. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:

 1.  "COMMITTEE"  SHALL  MEAN THE ADVISORY COMMITTEE ON PUBLIC WELLNESS
 ESTABLISHED PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THIS TITLE.
 2. "EMPLOYER" SHALL MEAN ANY EMPLOYER  WHICH  PROVIDES  ITS  EMPLOYEES
 WITH  HEALTH  INSURANCE  COVERAGE  OR  WHICH PAYS FOR ANY PORTION OF THE
 PREMIUMS FOR HEALTH INSURANCE FOR ITS EMPLOYEES.
 3. "INSURER" SHALL MEAN:

 A. ANY INSURER PROVIDING ACCIDENT AND  HEALTH  INSURANCE  PURSUANT  TO
 ARTICLE THIRTY-TWO OF THE INSURANCE LAW,
 B.  ANY  CORPORATION  PROVIDING  HEALTH  INSURANCE PURSUANT TO ARTICLE
 FORTY-THREE OF THE INSURANCE LAW, AND
 C. ANY HEALTH MAINTENANCE ORGANIZATION OPERATED  PURSUANT  TO  ARTICLE
 FORTY-FOUR OF THIS CHAPTER.
 4.  "WELLNESS"  SHALL  MEAN  THE PROCESS OF IMPROVING AND ENRICHING AN
 INDIVIDUAL'S HEALTH THROUGH A COMBINATION OF REGULAR  EXERCISE,  HEALTHY
 LIFESTYLE AND POSITIVE MINDSET.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07096-01-1
 
       S. 1923                             2
 

S  266-A.  ADVISORY  COMMITTEE. 1. THERE IS HEREBY ESTABLISHED, WITHIN
 THE DEPARTMENT, THE ADVISORY COMMITTEE ON PUBLIC WELLNESS. SUCH  COMMIT
 TEE  SHALL  BE COMPOSED OF THE COMMISSIONER, OR HIS OR HER DESIGNEE, THE
 COMMISSIONER OF MENTAL HEALTH, OR HIS OR HER DESIGNEE, AND  THE  COMMIS
 SIONER OF DEVELOPMENTAL DISABILITIES, OR HIS OR HER DESIGNEE.
 2.  THE COMMITTEE SHALL CONVENE AS FREQUENTLY AS SHALL BE NECESSARY TO
 ESTABLISH AND APPROVE WELLNESS PROGRAMS TO BE  IMPLEMENTED  BY  INSURERS
 AND  EMPLOYERS  FOR  THE  BENEFIT OF THEIR INSURERS OR EMPLOYEES, AS THE
 CASE MAY BE.
 

S 266-B. POWERS AND DUTIES. THE COMMITTEE SHALL:

 1. ESTABLISH AND UPDATE IN A TIMELY MANNER  MINIMUM  REQUIREMENTS  FOR
 QUALIFIED  WELLNESS  PROGRAMS  CONDUCTED BY EMPLOYERS AND INSURERS. EACH
 SUCH PROGRAM SHALL:

 A. BE CONSISTENT WITH EVIDENCE-BASED RESEARCH AND BEST  PRACTICES,  AS
 IDENTIFIED  BY  INDIVIDUALS WITH EXPERTISE IN HEALTH PROMOTION AND WELL
 NESS PROGRAMS,
 B. INCLUDE MULTIPLE, EVIDENCE-BASED STRATEGIES WHICH ARE BASED ON  THE
 EXISTING AND EMERGING RESEARCH AND CAREFUL SCIENTIFIC REVIEWS, INCLUDING
 THE  GUIDE  TO  COMMUNITY  PREVENTATIVE  SERVICES, THE GUIDE TO CLINICAL
 PREVENTATIVE SERVICES, AND THE NATIONAL REGISTRY OF EFFECTIVE  PROGRAMS,
 AND
 C.  INCLUDE  STRATEGIES  WHICH  FOCUS  ON  PREVENTION  AND SUPPORT FOR
 EMPLOYEES AND INSUREDS AT RISK OF POOR HEALTH OUTCOMES; AND
 2. DURING THE CONSIDERATION OF ANY WELLNESS PROGRAM  PRESENTED  BY  AN
 INSURER OR EMPLOYER:

 A. ENSURE THAT THE INSURER OR EMPLOYER HAS MADE THE PROGRAM CULTURALLY
 COMPETENT,  PHYSICALLY  AND  PROGRAMMATICALLY  ACCESSIBLE (INCLUDING FOR
 INDIVIDUALS WITH DISABILITIES) AND APPROPRIATE TO  THE  HEALTH  LITERACY
 NEEDS OF THE INSUREDS OR EMPLOYEES COVERED BY SUCH PROGRAM,
 B.  REQUIRE  A HEALTH LITERACY COMPONENT TO PROVIDE SPECIAL ASSISTANCE
 AND MATERIALS TO INSUREDS AND EMPLOYEES WITH LOW LITERACY SKILLS, LIMIT
 ED ENGLISH AND FROM UNDERSERVED POPULATIONS, AND
 C. COMPILE AND DISSEMINATE, TO THE INSURER OR EMPLOYER, INFORMATION ON
 MODEL HEALTH LITERACY CURRICULA, INSTRUCTIONAL  PROGRAMS  AND  EFFECTIVE
 INTERVENTION STRATEGIES.
 

S 266-C. WELLNESS PROGRAM COMPONENTS. EVERY QUALIFIED WELLNESS PROGRAM
 SHALL INCLUDE THE FOLLOWING COMPONENTS:

 1. A HEALTH AWARENESS COMPONENT WHICH PROVIDES:

 A.  HEALTH  EDUCATION  WHICH SHALL INCLUDE THE DISSEMINATION OF HEALTH
 INFORMATION WHICH ADDRESSES THE  SPECIFIC  NEEDS  AND  HEALTH  RISKS  OF
 INSUREDS OR EMPLOYEES, AND
 B.  HEALTH SCREENINGS WHICH SHALL INCLUDE THE OPPORTUNITY FOR PERIODIC
 SCREENINGS FOR HEALTH PROBLEMS AND REFERRALS FOR  APPROPRIATE  FOLLOW-UP
 MEASURES;
 2.  AN EMPLOYEE OR INSURED ENGAGEMENT COMPONENT WHICH PROVIDES FOR THE
 ACTIVE ENGAGEMENT OF EMPLOYEES OR INSUREDS IN WELLNESS PROGRAMS  THROUGH
 ASSESSMENTS  AND  PROGRAM  PLANNING,  ONSITE  DELIVERY,  EVALUATION  AND
 IMPROVEMENT EFFORTS;
 3. A BEHAVIORAL  CHANGE  COMPONENT  WHICH  ENCOURAGES  HEALTHY  LIVING
 THROUGH  COUNSELING, SEMINARS, ON-LINE PROGRAMS, SELF-HELP MATERIALS AND
 OTHER PROGRAMS WHICH PROVIDE TECHNICAL ASSISTANCE  AND  PROBLEM  SOLVING
 SKILLS. SUCH COMPONENT MAY INCLUDE PROGRAMS RELATING TO:

 A. TOBACCO USE,
 B. OBESITY,
 C. STRESS MANAGEMENT,
 D. PHYSICAL FITNESS,
 
       S. 1923                             3
 E. NUTRITION,
 F. SUBSTANCE ABUSE,
 G. DEPRESSION, AND
 H. MENTAL HEALTH PROMOTION; AND
 4. A SUPPORTIVE ENVIRONMENT COMPONENT WHICH SHALL INCLUDE POLICIES AND
 SERVICES THAT PROMOTE HEALTHY LIFESTYLE INCLUDING:

 A. TOBACCO USE AT WORKSITES,
 B.  THE  NUTRITION  OF FOODS AVAILABLE AT WORKSITES THROUGH CAFETERIAS
 AND VENDING OPTIONS,
 C. MINIMIZING STRESS AND PROMOTING POSITIVE MENTAL HEALTH, AND
 D. THE ENCOURAGEMENT OF PHYSICAL ACTIVITY  BEFORE,  DURING  AND  AFTER
 WORK HOURS.
 

S 266-D. OUTREACH. THE COMMITTEE, IN CONJUNCTION WITH OTHER PUBLIC AND
 PRIVATE  ENTITIES, SHALL ESTABLISH AN OUTREACH PROGRAM TO INFORM EMPLOY
 ERS AND INSURERS ABOUT THE ESTABLISHMENT OF QUALIFIED WELLNESS  PROGRAMS
 PURSUANT TO THIS TITLE.
 

S 2. This act shall take effect immediately.

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