S T A T E   O F   N E W   Y O R K
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                                  10171

                          I N  A S S E M B L Y

                             August 20, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Rozic,
  Roberts) -- read once and referred to the Committee on Health

AN ACT to amend the workers' compensation law and the public health law,
  in relation to occupational  injury  and  disease  prevention  centers
  located  at  the city university of New York Center for the Biology of
  Natural Systems and the occupational  health  center  at  the  Upstate
  Medical University of the state university of New York

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

  Section 1. Subdivision 3 of section 151 of the  workers'  compensation
law,  as  added  by  section  22 of part GG of chapter 57 of the laws of
2013, is amended to read as follows:
  3. The chair and department of audit and control annually as  soon  as
practicable  after  the  first of April of each year shall ascertain the
actual total amount of expenses, including in  addition  to  the  direct
costs  of  personal  service, the cost of maintenance and operation, the
cost of retirement contributions made and workers' compensation premiums
paid by the state for or on account  of  personnel,  rentals  for  space
occupied  in  state owned or state leased buildings, such additional sum
as may be certified to the chair and the department of audit and control
as a reasonable compensation for services rendered by the department  of
law  and  expenses  incurred  by  such department, for transfer into the
training and educational program on occupational safety and health  fund
created  pursuant  to  chapter  eight  hundred eighty-six of the laws of
nineteen hundred eighty-five and section  ninety-seven-c  of  the  state
finance law, for the New York state occupational health clinics network,
for  the department of labor occupational safety and health program, THE
OCCUPATIONAL ILLNESS AND INJURY PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW and for transfer  into
the  uninsured  employers'  fund  pursuant to subdivision two of section
twenty-six-a of this chapter, and all other direct  or  indirect  costs,
incurred  by  the  board  in  connection with the administration of this
chapter, except those expenses for which an assessment is authorized for
self-insurance pursuant to subdivision five of  section  fifty  of  this

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

                                                           LBD15491-01-4

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chapter.  Assessments  pursuant to subparagraph four of paragraph (h) of
subdivision eight of section fifteen of this  chapter  for  the  special
disability  fund,  pursuant  to  section fifty-c of this chapter for the
self insurer offset fund, pursuant to subdivision three of section twen-
ty-five-a  of this chapter for the fund for reopened cases, and pursuant
to section two hundred fourteen of this chapter for the special fund for
disability benefits shall be included in the total  amount  of  expenses
for  the purposes of this subdivision. Any overpayment of annual assess-
ments resulting from the  requirements  of  this  subdivision  shall  be
applied as a credit against the future assessment rate provided the fund
balance  shall  not  be  reduced  below  ten percent of the total amount
assessed.  FOR THE NEW YORK STATE OCCUPATIONAL HEALTH  CLINICS  NETWORK,
THE  DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH PROGRAM, AND THE
OCCUPATIONAL ILLNESS AND INJURY PREVENTION CENTERS PURSUANT TO TITLE SIX
OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW THE STATE SHALL APPRO-
PRIATED FUNDS ANNUALLY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATE
AND MADE AVAILABLE IN THE PREVIOUS STATE FISCAL YEAR; PROVIDED, HOWEVER,
THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES  SUCH
EMERGENCY  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY, STATE SUPPORT FOR THESE PROGRAMS MAY BE REDUCED  IN  A  MANNER
PROPORTIONATE  TO  ONE  ANOTHER,  AND  THE  AFOREMENTIONED APPROPRIATION
PROVISIONS SHALL NOT APPLY.
  S 2. Article 29-D of the public health law is amended by adding a  new
title 6 to read as follows:

                                TITLE VI
           OCCUPATIONAL INJURY AND DISEASE PREVENTION CENTERS.
SECTION 2999-M-1. OCCUPATIONAL INJURY AND DISEASE PREVENTION CENTER.
        2999-M-2. INFORMATION ANALYSIS AND DISSEMINATION.
        2999-M-3. IMMIGRANT AND VULNERABLE WORK FORCE.

  S  2999-M-1.  OCCUPATIONAL  INJURY  AND  DISEASE PREVENTION CENTER. 1.
THERE IS HEREBY ESTABLISHED, CONTINGENT UPON AN  APPROPRIATION  FOR  THE
STATE  FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, THE OCCU-
PATIONAL INJURY AND DISEASE PREVENTION CENTER WHICH SHALL MEAN THE  CITY
UNIVERSITY OF NEW YORK CENTER FOR THE BIOLOGY OF NATURAL SYSTEMS AND THE
OCCUPATIONAL  HEALTH  CENTER  AT  THE  UPSTATE MEDICAL UNIVERSITY OF THE
STATE UNIVERSITY OF NEW YORK AND WHICH SHALL  BE  REFERRED  TO  IN  THIS
TITLE AS THE "PREVENTION CENTERS".
  2.  THE  PURPOSE  OF  THE  PREVENTION CENTERS SHALL BE TO IDENTIFY AND
IMPLEMENT STRATEGIES THROUGHOUT NEW YORK STATE TO ENSURE THAT WORKERS AT
HIGH RISK OF LUNG CANCER DUE TO  PAST  EXPOSURES  TO  ASBESTOS,  SILICA,
DIESEL  EXHAUST,  BERYLLIUM  AND OTHER LUNG CARCINOGENS SHALL BE IDENTI-
FIED, LOCATED, AND NOTIFIED.
  3. IN VIEW OF THE PREVENTION SERVICES  REQUIRED  OF  HEALTH  INSURANCE
PLANS  UNDER  THE  FEDERAL AFFORDABLE CARE AND PATIENT PROTECTION ACT OF
2010, THE PREVENTION  CENTERS  SHALL  IDENTIFY,  PROMOTE,  AND  ORGANIZE
OPPORTUNITIES  FOR  INTEGRATION  OF  THE EARLY DETECTION OF OCCUPATIONAL
ILLNESSES AND  INJURIES  INTO  THE  MANDATED  PREVENTIVE  SERVICES.  THE
PREVENTION  CENTERS  ALSO  SHALL IDENTIFY, LOCATE, AND NOTIFY WORKERS AT
HIGH RISK OF LUNG CANCER DUE TO  PAST  EXPOSURES  TO  ASBESTOS,  SILICA,
DIESEL  EXHAUST,  BERYLLIUM AND OTHER LUNG CARCINOGENS AND SHALL COORDI-
NATE AND FACILITATE FOR SUCH WORKERS PARTICIPATION IN LOW DOSE CT  SCAN-
NING  PROGRAMS  FOR LUNG CANCER PREVENTION THROUGH EXISTING HIGH QUALITY
HEALTH CARE FACILITIES IN NEW YORK STATE.

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  4. THE PREVENTION CENTERS  SHALL  COORDINATE  TO  THE  MAXIMUM  EXTENT
POSSIBLE WITH THE OCCUPATIONAL SAFETY AND HEALTH CLINIC NETWORK REFERRED
TO  IN  SECTION  TWO  THOUSAND  FOUR  HUNDRED NINETY OF THIS CHAPTER AND
SECTION ONE HUNDRED FIFTY-ONE OF THE  WORKERS'  COMPENSATION  LAW.  SUCH
COORDINATION  SHALL  INCLUDE  SHARING INFORMATION ABOUT PREVENTION-BASED
SCREENING, ANALYSES OF AGGREGATE DATA ON OCCUPATIONAL INJURY AND ILLNESS
IN NEW YORK STATE, AND RESEARCH ON THE PREVENTION, DIAGNOSIS, AND TREAT-
MENT OF OCCUPATIONAL ILLNESSES AND INJURIES.
  S 2999-M-2. INFORMATION ANALYSIS  AND  DISSEMINATION.  THE  PREVENTION
CENTERS SHALL COMPILE AND DESCRIBE ALL AVAILABLE OCCUPATIONAL HEALTH AND
HAZARD  DATA  SOURCES RELEVANT TO NEW YORK STATE AND IDENTIFY STRENGTHS,
GAPS, AND AREAS OF OVERLAP AMONG THESE  DATA  SOURCES.  THE  INFORMATION
COMPILED SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROFILE OF INJURIES AND
ILLNESSES AMONG PUBLIC EMPLOYEES AND AMONG CONSTRUCTION WORKERS BY EXAM-
INING  DATA  FROM  WORKERS'  COMPENSATION  AND THE REPORTABLE INJURY AND
ILLNESS LOGS, AMONG OTHER SOURCES. THESE ANALYSES SHALL FORM  THE  BASIS
FOR DEVELOPING PREVENTION PROJECTS TO REDUCE INJURY AND ILLNESSES.
  S  2999-M-3.  IMMIGRANT  AND  VULNERABLE  WORK  FORCE.  THE PREVENTION
CENTERS SHALL EVALUATE EXTANT OCCUPATIONAL HEALTH AND  HAZARDS  OF,  AND
DEVELOP  ASSOCIATED  INTERVENTION ACTIVITIES RELATING TO, THE PREVENTION
OF OCCUPATIONAL INJURIES AND ILLNESSES AMONG IMMIGRANT WORKERS AND OTHER
WORKERS WHO ARE ENGAGED IN TEMPORARY OR  CONTINGENT  WORK  IN  NEW  YORK
STATE.
  S  3. Section 2490 of the public health law, as amended by chapter 139
of the laws of 2008, is amended to read as follows:
  S 2490. Oversight committee. 1. There is hereby established the  occu-
pational health clinics AND PREVENTION CENTERS oversight committee to be
comprised  of the following persons or their designees: the commissioner
of health; the commissioner of labor; the chairperson  of  the  workers'
compensation  board;  six persons appointed by the governor, one of whom
shall be on nomination of the New  York  state  American  federation  of
labor-congress  of industrial organizations, and one of whom shall be on
the nomination of the business council of the state  of  New  York;  two
persons  appointed by the temporary president of the senate; two persons
appointed by the speaker of the assembly; one person  appointed  by  the
minority  leader  of the senate and one person appointed by the minority
leader of the assembly. The governor shall designate a chairperson  from
among  the  members  of the committee. The initial appointments shall be
made on or before September first, two thousand eight.
  2. The committee shall meet at least four times a year. Special  meet-
ings may be called by the chairperson.
  3.  Members  of  the oversight committee shall receive no compensation
for their services, but shall be  allowed  their  actual  and  necessary
expenses incurred in the performance of their duties hereunder.
  4.  Vacancies  shall  be  filled  in  the  same manner as the original
appointments.
  5. The committee shall make recommendations to the  governor  and  the
legislature  on  or  before  [September  thirtieth,  two thousand nine,]
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN regarding:
  (a) statewide needs to be met by the [network] PREVENTION CENTERS;
  (b) coordination of clinic  AND  PREVENTION  CENTERS  activities  with
not-for-profit,  private  sector  concerns and state agencies, including
but not limited to an evaluation of current jurisdictional and oversight
responsibilities;
  (c) coordination and sharing of clinic resources and services;
  (d) dissemination of research results and educational information;

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  (e) identification of funding sources for the PREVENTION  CENTERS  AND
network;
  (f)  the  activities  of  the clinics AND PREVENTION CENTERS and their
effectiveness in meeting the objectives as set forth in statute  and  in
clinic specific contracts with the state;
  (g) local, regional, occupation or business sector specific needs that
may be met by one or more clinic OR PREVENTION CENTER;
  (h) other issues as determined by the oversight committee; and
  (i)  incorporation  of  provisions to implement its recommendations in
requests for applications of state funding for occupational health clin-
ics AND PREVENTION CENTERS.
  S 4. Section 2490-a of the public health law, as added by chapter  139
of the laws of 2008, is amended to read as follows:
  S  2490-a.  Occupational  health clinic CENTERS AND PREVENTION CENTERS
advisory committees. The chief executive officer of every clinic in  the
occupational  health clinic network AND PREVENTION CENTERS shall convene
an advisory committee consisting of two local  representatives  each  of
business,  labor  unions,  public  health  agencies and community groups
which shall be selected in consultation  with  the  occupational  health
clinics  oversight committee. The oversight committee will assist in the
development of policies, the creation and implementation of  a  targeted
outreach  plan for working with business, unions and workers, an assess-
ment of clinic-specific funding needs and potential funding sources, and
overall guidance for the clinics on an ongoing basis.
  S 5. This act shall take effect thirty days following a  first  appro-
priation for the prevention centers for a state fiscal year.