NY State Senate Bill 2009-S1875

Senate Bill S1875

2009-2010 Legislative Session

Provides for a program of asthma disease management and control within the department of health

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Feb 09, 2009	referred to health

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2009-S1875 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 27-BB §§2725 - 2728, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S1024

2009-S1875 (ACTIVE) - Summary

Provides for a program of asthma disease management and control within the department of health; program shall provide various services to health care providers, patients, and others; authorizes the commissioner of health to make grants; provides for a study of asthma incidence and prevalence

2009-S1875 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1875

 TITLE OF BILL :

An act to amend the public health law, in relation to establishing the
asthma prevention and education program


 PURPOSE :

To establish a comprehensive statewide asthma management and control
program which coordinates the efforts of individuals, families, health
care providers, schools and community-based organizations to benefit
the people of the state of New York.

 SUMMARY OF PROVISIONS :

The public health law is amended by adding a new article 27-BB.

Article 27-BB § 2725 would create an Asthma disease management and
control program. The purpose of the program is to promote asthma
disease management and education and outreach about asthma to people
who suffer from asthma and their families, health care providers, and
the general public.

Article 27-BB § 2726 would require the Department of Health to study

the incidence and prevalence of asthma in New York state including
current disease management practices. Such study shall include the
cause and nature of the disease, behavioral and environmental
triggers, an assessment of the need for patient-centered case
management to meet specific physical and environmental needs of
patients, outcome evaluations and an assessment of the ability of
providers to systemically instruct and develop asthma management plans
for patients and frequently review with patients and their families
how to manage and control their asthma. The Department of Health shall
also gather data for monitoring the occurrence, frequency, incidence,
cause, effect and severity of asthma. The gathered data will be used
for research purposes only and the Department of Health will develop a
unique and confidential identifier to be used in the collection of
patient information for the purposes described above.

Article 27-BB §2727 would require the commissioner to submit an annual
report, commencing January first, after the bill is enacted and
continue annually thereafter.  The report shall include the status and
accomplishments of the program and provide recommendations to the
governor, the temporary president and the minority leader of the
senate, and the speaker and the minority leader of the assembly.

 JUSTIFICATION :

Asthma is a chronic, potentially life-threatening, respiratory illness
that affects over a million New Yorkers, including many thousands of
children and adolescents. Asthma is also directly linked to large and
growing inpatient bills for Medicaid and other health care, which in
most cases could be avoided through early education and treatment of
this potentially fatal disease.  Asthma is the most common chronic
disorder in children and adolescents and is responsible for 10 million
missed school days each year which is three times the amount for
children without this debilitating ailment.  In recent years asthma
has become the leading cause of hospitalization among children in New
York and since 1980, the death rate among sufferers has increased a
staggering 50%. In one area of the Bronx known as "Asthma Alley" the
rate of asthma sufferers is 7 1/2 times that of the national average.

Research and preventive efforts remain minimal despite studies that
show early education, screening, and treatment as lifesaving and cost
effective solutions to this growing epidemic.  Establishing a
comprehensive statewide asthma management program which coordinates
the efforts of individuals, families, health care providers, schools
and community-based organizations would help New York track the
disease, better understand its causes and triggers, and direct asthma
education and preventive care to the children and families who need it
the most.

 LEGISLATIVE HISTORY :

1999 & 2000 - A7070b - passed the Assembly
2001 & 2002 - A7562a - passed the Assembly
2003 & 2004 - A2695  - passed the Assembly
2006 - S4436 - Referred to Health
2008 - S2241 - Referred to Health

 FISCAL IMPLICATIONS :

Subject to fiscal appropriation.

 EFFECTIVE DATE
This act shall take effect on the one hundred twentieth day after it
shall have become law; provided that the commissioner of health is
authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date on or before such date.

2009-S1875 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1875

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  DIAZ,  DUANE,  HASSELL-THOMPSON, KRUEGER,
  ONORATO, SAMPSON, SAVINO, SERRANO, SMITH --  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 the
  asthma prevention and education program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and purpose. The legislature finds
that asthma is  a  chronic,  potentially  life-threatening,  respiratory
illness  that  affects  over a million New Yorkers, including many thou-
sands of children and adolescents. Asthma is the leading cause of school
absences attributed to  chronic  conditions.  Asthma  is  also  directly
linked  to  large  and  growing  inpatient  bills for medicaid and other
health care payers. Therefore, the legislature finds that establishing a
comprehensive statewide asthma prevention management and control program
which coordinates the efforts  of  individuals,  families,  health  care
providers,  schools  and  community-based organizations is in the public
interest and would benefit the people of the state of New York.
  S 2. The public health law is amended by adding a new article 27-BB to
read as follows:
                               ARTICLE 27-BB
                  ASTHMA DISEASE MANAGEMENT AND CONTROL
SECTION 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL PROGRAM.
        2726. STUDY OF ASTHMA INCIDENCE AND PREVALENCE.
        2727. ASTHMA DISEASE ADVISORY PANEL.
        2728. ANNUAL REPORT.
  S 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL  PROGRAM.  1.  THERE  IS
HEREBY  CREATED  WITHIN THE DEPARTMENT THE ASTHMA DISEASE MANAGEMENT AND
CONTROL PROGRAM (REFERRED TO IN THIS  ARTICLE  AS  THE  "PROGRAM").  THE
PURPOSE  OF  THE  PROGRAM  IS  TO  PROMOTE ASTHMA DISEASE MANAGEMENT AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02909-01-9

S. 1875                             2

EDUCATION AND OUTREACH ABOUT ASTHMA TO PEOPLE WHO SUFFER FROM ASTHMA AND
THEIR FAMILIES, HEALTH CARE PROVIDERS, AND THE GENERAL PUBLIC.
  2. SERVICES TO BE PROVIDED BY THE PROGRAM MAY INCLUDE:
  (A)  ASTHMA  DISEASE  MANAGEMENT  AND CASE MANAGEMENT FOR PATIENTS AND
THEIR FAMILIES;
  (B) ASTHMA OUTREACH AND SCREENING;
  (C) THE PROMOTION OF AWARENESS OF THE CAUSES OF ASTHMA;
  (D) EDUCATION ON PREVENTION STRATEGIES;
  (E) EDUCATION ON PROPER DISEASE MANAGEMENT PRACTICES; AND
  (F) EDUCATION ON AVAILABLE TREATMENT MODALITIES.
  3. THE COMMISSIONER SHALL MAKE GRANTS WITHIN THE AMOUNTS  APPROPRIATED
THEREFORE  TO  LOCAL  HEALTH  AGENCIES,  HEALTH CARE PROVIDERS, SCHOOLS,
SCHOOL BASED HEALTH CENTERS AND COMMUNITY-BASED ORGANIZATIONS, AND OTHER
ORGANIZATIONS  WITH  DEMONSTRATED  INTEREST  AND  EXPERTISE  IN  SERVING
PERSONS  WITH  ASTHMA  TO  PROVIDE THE SERVICES SET OUT IN THIS SECTION.
GRANT RECIPIENTS SHALL BE GOVERNMENT ENTITIES OR  NOT-FOR-PROFIT  ORGAN-
IZATIONS.
  THE COMMISSIONER MAY COORDINATE GRANTS UNDER THIS SUBDIVISION WITH THE
AVAILABILITY  OF  GRANTS  FROM  OTHER SOURCES. THE COMMISSIONER MAY ALSO
ACCEPT OR SEEK GRANTS FROM OTHER SOURCES TO ENHANCE THE  AMOUNTS  APPRO-
PRIATED TO THE PROGRAM.
  S  2726.  STUDY  OF ASTHMA INCIDENCE AND PREVALENCE. 1. THE DEPARTMENT
SHALL STUDY THE INCIDENCE AND PREVALENCE OF ASTHMA IN THE STATE'S  POPU-
LATION  AND  CURRENT  DISEASE  MANAGEMENT  PRACTICES.  SUCH  STUDY SHALL
INCLUDE:
  (A) THE CAUSE AND NATURE OF THE DISEASE;
  (B) BEHAVIORAL AND ENVIRONMENTAL TRIGGERS;
  (C) AN ASSESSMENT OF THE NEED FOR PATIENT-CENTERED CASE MANAGEMENT  TO
MEET SPECIFIC PHYSICAL AND ENVIRONMENTAL NEEDS OF PATIENTS;
  (D)  OUTCOME  EVALUATIONS,  INCLUDING,  BUT  NOT  LIMITED  TO, PATIENT
PERCEPTIONS OF IMPROVEMENT, SIGNS  AND  SYMPTOMS  OF  ASTHMA,  PULMONARY
FUNCTION,  HISTORY  OF ASTHMA EXACERBATIONS, PHARMACOTHERAPY, ASSESSMENT
OF HOSPITAL EMERGENCY  ROOM  VISITS  FOR  ASTHMA,  AND  PATIENT-PROVIDER
COMMUNICATION; AND
  (E)  AN  ASSESSMENT OF THE ABILITY OF PROVIDERS, INCLUDING NON-PROFES-
SIONALS AND HEALTH CARE PROFESSIONALS SUCH AS PHYSICIANS, NURSES,  PHAR-
MACISTS AND RESPIRATORY THERAPISTS, TO SYSTEMICALLY INSTRUCT AND DEVELOP
ASTHMA MANAGEMENT PLANS FOR PATIENTS AND FREQUENTLY REVIEW WITH PATIENTS
AND THEIR FAMILIES HOW TO MANAGE AND CONTROL THEIR ASTHMA.
  2.  THE  DEPARTMENT  SHALL  GATHER DATA FOR MONITORING THE OCCURRENCE,
FREQUENCY, INCIDENCE, CAUSE, EFFECT AND SEVERITY OF ASTHMA.
  (A) THE DEPARTMENT MAY REQUIRE THE FOLLOWING TO REPORT DATA UNDER THIS
SUBDIVISION:
  I. THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM (SPARCS);
  II. HEALTH MAINTENANCE  ORGANIZATIONS  LICENSED  PURSUANT  TO  ARTICLE
FORTY-THREE  OF  THE INSURANCE LAW OR CERTIFIED PURSUANT TO THIS CHAPTER
OR AN INDEPENDENT PRACTICE ASSOCIATION CERTIFIED OR RECOGNIZED  PURSUANT
TO THIS CHAPTER;
  III. OTHER INSURERS;
  IV.  THE  MEDICAID  (TITLE  XIX  OF  THE  FEDERAL SOCIAL SECURITY ACT)
PROGRAM;
  V. HEALTH FACILITIES;
  VI. HEALTH CARE PRACTITIONERS;
  VII. PATIENTS: SELF REPORTING;
  VIII. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; AND
  IX. ANY OTHER SOURCE THE COMMISSIONER DEEMS APPROPRIATE.

S. 1875                             3

  (B) THE DEPARTMENT SHALL COMPILE AND ANALYZE DATA GATHERED UNDER PARA-
GRAPH (A) OF THIS SUBDIVISION AND CORRELATE IT WITH DATA AS TO PLACES OF
EMPLOYMENT, AREAS OF RESIDENCE, SCHOOLS ATTENDED, ENVIRONMENTAL  FACTORS
INCLUDING  PROXIMITY  TO  SOURCE OF POLLUTION AND SUCH OTHER DATA AS THE
DEPARTMENT DEEMS APPROPRIATE.
  (C)  THE  DEPARTMENT  SHALL  MAINTAIN  AND  COMPILE REPORTED DATA IN A
MANNER SUITABLE FOR RESEARCH PURPOSES AND SHALL COLLECT  AND  MAKE  SUCH
DATA  AVAILABLE  TO PERSONS IN THE MANNER SET FORTH IN SUBDIVISION THREE
OF THIS SECTION.
  3. ANY DATA COLLECTED OR REPORTED SHALL NOT CONTAIN THE  NAME  OF  ANY
PATIENT,  HIS  OR  HER  SOCIAL SECURITY NUMBER, OR ANY OTHER INFORMATION
WHICH WOULD PERMIT A PATIENT TO  BE  IDENTIFIED.  THE  DEPARTMENT  SHALL
DEVELOP  A  UNIQUE, CONFIDENTIAL IDENTIFIER TO BE USED IN THE COLLECTION
OF PATIENT INFORMATION AS REQUIRED BY THIS SECTION.
  S 2727. ASTHMA DISEASE ADVISORY PANEL. THERE IS HEREBY CREATED  WITHIN
THE  DEPARTMENT AN ASTHMA DISEASE ADVISORY PANEL (KNOWN AS THE "ADVISORY
PANEL" FOR THE PURPOSES OF  THIS  ARTICLE).  THE  ADVISORY  PANEL  SHALL
ADVISE  THE  COMMISSIONER  REGARDING  THE  IMPLEMENTATION  OF  PROGRAMS,
STUDIES AND REPORTS AUTHORIZED UNDER THIS ARTICLE.  THE  GOVERNOR  SHALL
APPOINT  ELEVEN  MEMBERS TO THE ADVISORY PANEL. TWO OF THE MEMBERS SHALL
BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, TWO
OF THE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE  TEMPO-
RARY  PRESIDENT  OF  THE  SENATE, ONE OF THE  MEMBERS SHALL BE APPOINTED
UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY, AND  ONE
OF THE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORI-
TY  LEADER  OF THE SENATE. THE APPOINTEES SHALL BE PERSONS KNOWLEDGEABLE
IN THE CAUSES AND MANAGEMENT  OF  ASTHMA  AND  SHALL  HAVE  DEMONSTRATED
COMMITMENT  TO  IMPROVING  THE  DETECTION  OF ASTHMA AND THE DELIVERY OF
SERVICES TO PEOPLE WITH ASTHMA. AT LEAST ONE MEMBER SHALL REPRESENT  THE
INTERESTS  OF PERSONS WITH ASTHMA AND AT LEAST ONE MEMBER SHALL BE KNOW-
LEDGEABLE OF ENVIRONMENTAL FACTORS RELATING TO ASTHMA.
  S 2728. ANNUAL  REPORT.  COMMENCING  ON  THE  FIRST  OF  JANUARY  NEXT
SUCCEEDING  THE  EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER,
THE COMMISSIONER, IN CONSULTATION WITH THE ADVISORY PANEL, SHALL  SUBMIT
A  REPORT  REGARDING  THE  STATUS AND ACCOMPLISHMENTS OF THE PROGRAM AND
PROVIDE RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND THE
MINORITY LEADER OF THE SENATE, AND THE SPEAKER AND THE  MINORITY  LEADER
OF THE ASSEMBLY.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become law. Effective immediately that the commissioner of
health is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date.

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