NY State Senate Bill 2011-S1024

Senate Bill S1024

2011-2012 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 04, 2012	referred to health
Jan 05, 2011	referred to health

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2011-S1024 (ACTIVE) - Details

See Assembly Version of this Bill:: A5453
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 27-BB §§2725 - 2728, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1875
2013-2014: A6507
2015-2016: A8502
2017-2018: A3709
2019-2020: A7024
2021-2022: A6976

2011-S1024 (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

2011-S1024 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1024

 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
2009 - 2010 - S1875 - Referred to health

 FISCAL IMPLICATIONS :

Subject to fiscal appropriation.

 EFFECTIVE DATE
This act shall take effect on the one hundred eightieth 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.

2011-S1024 (ACTIVE) - Bill Text download pdf

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

                                  1024

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, DIAZ, DUANE, HASSELL-THOMPSON, KRUEGER, SAMP-
  SON,  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  (HEREINAFTER  REFERRED  TO  IN  THIS  ARTICLE  AS  THE
"PROGRAM"). THE PURPOSE OF THE PROGRAM  IS  TO  PROMOTE  ASTHMA  DISEASE

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

                                                           LBD04414-01-1

S. 1024                             2

MANAGEMENT  AND 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

S. 1024                             3

  IX. ANY OTHER SOURCE THE COMMISSIONER DEEMS APPROPRIATE.
  (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.   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 eightieth day after
it shall have become law.  Effective  immediately  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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