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

                                  1668

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by Sens. KLEIN, ADDABBO, CARLUCCI, HANNON, HASSELL-THOMPSON,
  PARKER, SAVINO, STAVISKY -- 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 regulating the use
  of artificial trans fats and requiring food service facilities to post
  or  provide  nutritional information on the food products served (Part
  A); to amend the public health law, in relation to  in-utero  exposure
  to  tobacco smoke prevention (Part B); to amend the public health law,
  in relation to including  certain  respiratory  diseases  and  obesity
  within  disease  management  demonstration programs (Part C); to amend
  the public health law, in relation  to  the  reduction  of  emphysema,
  chronic  bronchitis and other chronic respiratory diseases in children
  (Part D);  to  amend  the  public  health  law,  in  relation  to  the
  collection and reporting of obesity data (Part E); to amend the public
  health law, in relation to directing the health research science board
  to  study  respiratory  diseases  and  obesity,  and childhood obesity
  prevention and screening (Part F); to amend the public health law,  in
  relation  to  breastfeeding  of  infants  and the adolescent pregnancy
  nutrition counseling program (Part G); to amend the education law,  in
  relation  to the use of inhalers and nebulizers (Part H); to amend the
  real property law, in relation to residential rental property  smoking
  policies  (Part  I);  to  amend  the state finance law, in relation to
  establishing the obesity and respiratory disease research  and  educa-
  tion  fund  (Part J); to amend the social services law, in relation to
  child day care facilities (Part K); to amend  the  education  law,  in
  relation  to use of school facilities by not-for-profit and charitable
  organizations for after-school programs (Part L); to amend the  educa-
  tion law, in relation to screening for childhood obesity and promotion
  of  the  availability  of certain foods and beverages in schools (Part
  M); Intentionally omitted (Part N); to amend  the  education  law,  in
  relation  to  instruction in good health and reducing the incidence of
  obesity (Part O); to amend the public buildings law,  in  relation  to
  bicycle access to public office buildings (Part P); to amend the agri-
  culture  and markets law and the education law, in relation to author-

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

                                                           LBD03888-03-5

S. 1668                             2

  izing school districts and institutions of higher education to  donate
  excess  food to local voluntary food assistance programs (Part Q); and
  to amend the insurance law and the public health law, in  relation  to
  making actuarially appropriate reductions in health insurance premiums
  in  return for an enrollee's or insured's participation in a qualified
  wellness program (Part R)

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "omnibus obesity and respiratory illness reduction act".
  S 2. This act enacts into law major components  of  legislation  which
combat  the  incidence  of  adult  and  child  obesity  and  respiratory
diseases, and encourage the production and consumption of  fresh  fruits
and vegetables. Each component is wholly contained within a Part identi-
fied  as  Parts  A  through  R.  The  effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found.   Section four of this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding two new paragraphs (v) and (w) to read as follows:
  (V) (I) BY RULE OR REGULATION, MAY REQUIRE FOOD SERVICE ESTABLISHMENTS
INCLUDING, BUT NOT LIMITED TO RESTAURANTS, DINING ROOMS,  DELIS,  BAKER-
IES,  ELEMENTARY  AND  SECONDARY SCHOOLS, HOSPITALS, MOBILE FOOD SERVICE
VEHICLES AND CARTS, AND CHILD CARE FACILITIES,  THAT  PREPARE,  SELL  OR
SERVE  FOOD FOR IMMEDIATE CONSUMPTION BY THE GENERAL PUBLIC, TO RESTRICT
THE USE OF ARTIFICIAL TRANS FAT IN THE PREPARATION OF SUCH FOOD. FOR THE
PURPOSES OF THIS PARAGRAPH, THE TERM "ARTIFICIAL TRANS  FAT"  MEANS  ANY
FOOD THAT IS LABELED, AND WHICH LISTS AS AN INGREDIENT OR CONTAINS VEGE-
TABLE  SHORTENING, MARGARINE OR ANY KIND OF PARTIALLY HYDROGENATED VEGE-
TABLE OIL; PROVIDED, HOWEVER, THAT ANY  FOOD  WITH  A  NUTRITIONAL  FACT
LABEL  OR  OTHER  DOCUMENTATION FROM A MANUFACTURER LIST STATING A TRANS
FAT CONTENT OF LESS THAN .5 GRAMS PER SERVING SHALL  NOT  BE  DEEMED  TO
CONTAIN ARTIFICIAL TRANS FAT. SUCH RULES AND REGULATIONS SHALL NOT APPLY
TO  ANY FOOD SERVED DIRECTLY TO THE GENERAL PUBLIC IN THE MANUFACTURER'S
ORIGINAL SEALED PACKAGE. FURTHERMORE, SUCH RULES AND  REGULATIONS  SHALL
NOT  APPLY  TO  ANY FOOD SERVICE ESTABLISHMENT OR MOBILE FOOD COMMISSARY
THAT IS SUBJECT TO ANY LOCAL LAW, ORDINANCE, CODE OR RULE THAT REGULATES
THE USE OR DISCLOSURE OF ARTIFICIAL TRANS FATS BY  FOOD  SERVICE  ESTAB-
LISHMENTS.
  (II)  THE  COMMISSIONER MAY ESTABLISH A VOLUNTARY ARTIFICIAL TRANS FAT
REDUCTION PROGRAM. SUCH PROGRAM MAY CONSIST OF, BUT SHALL NOT BE LIMITED
TO, THE FOLLOWING COMPONENTS: (A)  A  PUBLIC  INFORMATION  DISSEMINATION
PROGRAM  TO  INFORM  THE  PUBLIC OF THE HEALTH RISKS ASSOCIATED WITH THE
OVERCONSUMPTION OF ARTIFICIAL TRANS FATS, AND (B) SUGGESTED FOOD  PREPA-
RATION  METHODS  THAT CAN BE FOLLOWED BY FOOD SERVICE ESTABLISHMENTS AND

S. 1668                             3

THE GENERAL PUBLIC TO REDUCE OR ELIMINATE THE USE  OF  ARTIFICIAL  TRANS
FATS.
  (W)  (I)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE FOLLOWING DEFINITIONS
SHALL APPLY:
  (A) "FOOD SERVICE FACILITY" MEANS A  FOOD  SERVICE  ESTABLISHMENT,  AS
DEFINED IN THE STATE SANITARY CODE, THAT OPERATES UNDER COMMON OWNERSHIP
OR  CONTROL  WITH AT LEAST TWENTY-FIVE OTHER FOOD SERVICE ESTABLISHMENTS
WITH THE SAME NAME IN THE STATE THAT OFFER FOR  SALE  SUBSTANTIALLY  THE
SAME  MENU ITEMS, OR OPERATES AS A FRANCHISED OUTLET OF A PARENT COMPANY
WITH AT LEAST TWENTY-FIVE OTHER FRANCHISED OUTLETS WITH THE SAME NAME IN
THE STATE THAT OFFER FOR SALE SUBSTANTIALLY THE SAME MENU ITEMS.
  (B) "NUTRITIONAL INFORMATION" MAY INCLUDE THE FOLLOWING, PER  STANDARD
MENU ITEM, AS THAT ITEM IS USUALLY PREPARED AND OFFERED FOR SALE:
  (I) TOTAL NUMBER OF CALORIES.
  (II) TOTAL NUMBER OF GRAMS OF CARBOHYDRATES.
  (III) TOTAL NUMBER OF GRAMS OF SATURATED FAT.
  (IV) TOTAL NUMBER OF MILLIGRAMS OF SODIUM.
  (C)  "POINT  OF  SALE"  MEANS  THE LOCATION WHERE A CUSTOMER PLACES AN
ORDER.
  (D) IN CALCULATING NUTRITIONAL INFORMATION, A  FOOD  SERVICE  FACILITY
MAY  USE  ANY  REASONABLE  MEANS RECOGNIZED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION TO DETERMINE NUTRITIONAL INFORMATION FOR A STANDARD  MENU
ITEM, AS USUALLY PREPARED AND OFFERED FOR SALE INCLUDING, BUT NOT LIMIT-
ED TO, NUTRIENT DATABASES AND LABORATORY ANALYSES.
  (II)(A) BY RULE OR REGULATION, MAY REQUIRE EVERY FOOD SERVICE FACILITY
TO  DISCLOSE  THE NUTRITIONAL INFORMATION REQUIRED BY CLAUSE (B) OF THIS
SUBPARAGRAPH.
  (B) A FOOD SERVICE FACILITY, BY RULE OR REGULATION, MAY BE REQUIRED TO
DISCLOSE THE NUTRITIONAL INFORMATION IN A CLEAR AND  CONSPICUOUS  MANNER
AT THE POINT OF SALE PRIOR TO OR DURING THE PLACEMENT OF AN ORDER.
  S  2. This act shall take effect one year after it shall have become a
law, provided that, effective immediately,  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be completed on or before such date.

                                 PART B

  Section 1. The public health law is amended by adding  a  new  article
13-I to read as follows:
                              ARTICLE 13-I
              IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION.
        1399-YY. PROGRAMS.
  S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER,
HEALTHCARE  INSURER  AND  PREGNANCY  PROGRAM IS ENCOURAGED TO DISTRIBUTE
INFORMATION ON THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR  BOTH
FIRSTHAND  AND  SECONDHAND  SMOKE.  SUCH  ADVERSE  EFFECTS TO THE INFANT
INCLUDE LOWER BIRTH RATES, HIGHER INCIDENCE OF ASTHMA AND  OBESITY,  AND
COGNITIVE AND DEVELOPMENTAL DAMAGE.
  2.  EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING
STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION  OF  QUITTING  SMOKING
WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE.
  S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING
TOBACCO  CONTROL  PROGRAMS  FOR  PREGNANT  WOMEN  OR  TO OTHER PREGNANCY
RELATED PROGRAMS:
  1. CARBON MONOXIDE MONITORING;

S. 1668                             4

  2. DEPRESSION, SOCIAL SUPPORT  AND  DOMESTIC  VIOLENCE  SCREENING  AND
REFERRALS;
  3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS;
  4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND
  5.  FINANCIAL  INCENTIVES SUCH AS DIAPER COUPONS FOR QUITTING FOR MORE
THAN FOUR WEEKS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Provided,  that  effective  immediately  the
commissioner  of health is authorized and directed to promulgate any and
all rules and regulations, and take  any  other  measures  necessary  to
implement the provisions of this act on its effective date.

                                 PART C

  Section  1.  Subdivisions 2 and 4 of section 2111 of the public health
law, as added by section 21 of part C of chapter 58 of the laws of 2004,
are amended to read as follows:
  2. The department shall establish the criteria  by  which  individuals
will  be  identified  as  eligible  for  enrollment in the demonstration
programs.  Persons eligible for enrollment  in  the  disease  management
demonstration  program  shall  be  limited  to  individuals who: receive
medical assistance pursuant to title  eleven  of  article  five  of  the
social  services  law and may be eligible for benefits pursuant to title
18 of the social security act (Medicare); are not enrolled in a Medicaid
managed care plan, including individuals who are  not  required  or  not
eligible  to  participate  in Medicaid managed care programs pursuant to
section three hundred sixty-four-j of the social services law; are diag-
nosed with chronic health problems as may be  specified  by  the  entity
undertaking the demonstration program, including, but not limited to one
or  more of the following: congestive heart failure, chronic obstructive
pulmonary disease, asthma, CHRONIC BRONCHITIS, OTHER CHRONIC RESPIRATORY
DISEASES, diabetes, ADULT AND CHILDHOOD OBESITY, or other chronic health
conditions as may be specified by the department; or have experienced or
are likely to experience one or more hospitalizations or  are  otherwise
expected  to  incur  excessive costs and high utilization of health care
services.
  4. The demonstration program shall offer evidence-based  services  and
interventions  designed to ensure that the enrollees receive high quali-
ty, preventative and cost-effective care, aimed at reducing the necessi-
ty for hospitalization or emergency room care or at reducing lengths  of
stay  when  hospitalization  is necessary. The demonstration program may
include screening of eligible enrollees,  developing  an  individualized
care  management  plan  for  each  enrollee  and implementing that plan.
Disease management demonstration programs that utilize information tech-
nology systems that allow for continuous application  of  evidence-based
guidelines to medical assistance claims data and other available data to
identify  specific  instances in which clinical interventions are justi-
fied and communicate indicated interventions to physicians, health  care
providers and/or patients, and monitor physician and health care provid-
er  response  to such interventions, shall have the enrollees, or groups
of enrollees, approved by the department for participation. The services
provided by the demonstration program as part  of  the  care  management
plan  may include, but are not limited to, case management, social work,
individualized health counselors, multi-behavioral goals  plans,  claims
data management, health and self-care education, drug therapy management
and  oversight, personal emergency response systems and other monitoring

S. 1668                             5

technologies, SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR  MONI-
TORING, telehealth services and similar services designed to improve the
quality and cost-effectiveness of health care services.
  S 2. This act shall take effect immediately.

                                 PART D

  Section  1.    Section  2599-b of the public health law, as amended by
section 88 of part B of chapter 58 of the laws of 2005,  is  amended  to
read as follows:
  S  2599-b.  Program development.   1. The program shall be designed to
prevent and reduce the incidence and prevalence of obesity  in  children
and adolescents, especially among populations with high rates of obesity
and  obesity-related health complications including, but not limited to,
diabetes, heart disease, cancer, osteoarthritis, asthma,  CHRONIC  BRON-
CHITIS,  OTHER  CHRONIC  RESPIRATORY  DISEASES and other conditions. The
program shall use recommendations and goals of the United States depart-
ments of agriculture and health and human services, the surgeon  general
and  centers for disease control AND PREVENTION in developing and imple-
menting  guidelines  for  nutrition  education  and  physical   activity
projects  as  part of obesity prevention efforts. The content and imple-
mentation of the  program  shall  stress  the  benefits  of  choosing  a
balanced,  healthful  diet from the many options available to consumers,
without specifically targeting the elimination of  any  particular  food
group, food product or food-related industry.
  2.  The childhood obesity prevention program shall include, but not be
limited to:
  (a) developing media health promotion campaigns, IN COORDINATION  WITH
THE   PUBLIC   INFORMATION  PROVIDED  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-L OF THIS ARTICLE, targeted  to  children  and  adolescents  and
their  parents  and  caregivers that emphasize increasing consumption of
low-calorie, high-nutrient foods, decreasing consumption  of  high-calo-
rie,  low-nutrient  foods  and  increasing physical activity designed to
prevent or reduce obesity;
  (b) establishing school-based childhood obesity  prevention  nutrition
education and physical activity programs including programs described in
section  twenty-five  hundred  ninety-nine-c of this article, as well as
other programs with linkages to physical and health  education  courses,
and  which  utilize  the  school health index of the National Center for
Chronic Disease Prevention and  Health  Promotion  or  other  recognized
school  health  assessment PURSUANT TO ARTICLE NINETEEN OF THE EDUCATION
LAW;
  (c) establishing community-based childhood obesity  prevention  nutri-
tion  education  and physical activity programs including programs which
involve parents and caregivers, and which encourage  communities,  fami-
lies,  child  care and other settings to provide safe and adequate space
and time for physical activity and encourage a healthy diet, AND CAN  BE
IN  COORDINATION  WITH COUNTY COOPERATIVE EXTENSION PROGRAMS ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-B OF THE COUNTY LAW;
  (d) coordinating with the state education  department,  department  of
agriculture  and markets, office of parks, recreation and historic pres-
ervation, office of temporary and disability assistance, office of chil-
dren and family services and other federal, state and local agencies  to
incorporate  strategies  to  prevent  and  reduce childhood obesity into
government food assistance, health, education and recreation programs;

S. 1668                             6

  (e) sponsoring periodic conferences  or  meetings  to  bring  together
experts in nutrition, exercise, public health, mental health, education,
parenting,  media, food marketing, food security, agriculture, community
planning and other disciplines to examine  societal-based  solutions  to
the  problem  of  childhood obesity and issue guidelines and recommenda-
tions for New York state policy and programs;
  (f) developing training programs for medical and other health  profes-
sionals to teach practical skills in nutrition and exercise education to
children and their parents and caregivers; [and]
  (g)  developing screening programs, IN ACCORDANCE WITH SECTION TWENTY-
FIVE HUNDRED-L OF THIS ARTICLE, in coordination with health care provid-
ers and institutions including but not limited to day care  centers  and
schools  for  overweight and obesity for children aged two through eigh-
teen years, using body mass index (BMI) appropriate for age and  gender,
and  notification,  in  a  manner protecting the confidentiality of such
children and their families, of parents of BMI status,  and  explanation
of  the  consequences  of  such  status,  including  recommended actions
parents may need to take and information about resources  and  referrals
available  to  families  to  enhance  nutrition and physical activity to
reduce and prevent obesity[.]; AND
  (H) COORDINATING WITH THE EDUCATION DEPARTMENT,  OFFICE  OF  TEMPORARY
AND  DISABILITY  ASSISTANCE,  OFFICE OF CHILDREN AND FAMILY SERVICES AND
OTHER FEDERAL, STATE AND LOCAL AGENCIES  TO  INCORPORATE  STRATEGIES  TO
CURTAIL  THE  INCIDENCE  OF ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC
RESPIRATORY DISEASES TO ENABLE ADULTS AND CHILDREN  TO  SAFELY  INCREASE
PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY.
  3. The department, IN COOPERATION WITH THE EDUCATION DEPARTMENT, shall
periodically  collect  and  analyze information from schools, health and
nutrition programs and other sources  to  determine  the  prevalence  of
childhood  obesity  in  New  York  state, and to evaluate, to the extent
possible, the effectiveness of the childhood obesity prevention program.
  S 2. The opening paragraph of section 2599-c of the public health law,
as amended by section 88 of part B of chapter 58 of the laws of 2005, is
amended to read as follows:
  The commissioner, IN COOPERATION WITH THE COMMISSIONERS  OF  EDUCATION
AND AGRICULTURE AND MARKETS, AND COUNTY BOARDS OF COOPERATIVE EXTENSION,
shall  encourage  the  establishment  of  school-based childhood obesity
prevention and physical activity programs that promote:
  S 3. This act shall take effect immediately.

                                 PART E

  Section 1.  Section 263 of the public health law, as added by  chapter
538 of the laws of 2002, is amended to read as follows:
  S 263. Department authorized to study obesity - report. 1. The depart-
ment  is authorized to sample and collect data on individual cases where
obesity is being actively treated AND DATA COLLECTED PURSUANT TO SECTION
TWENTY-FIVE HUNDRED-L OF THIS CHAPTER, and to analyze such data in order
to evaluate the impact of treating obesity.  Such  data  collection  and
analysis shall include the following:
  a.  The  effectiveness  of existing methods for treating or preventing
obesity;
  b. The effectiveness of alternate methods for treating  or  preventing
obesity;
  c. The fiscal impact of treating or preventing obesity;

S. 1668                             7

  d.  The compliance and cooperation of patients with various methods of
treating or preventing obesity; or
  e.  The reduction in serious medical problems associated with diabetes
that results from treating or preventing obesity.
  2. The department is authorized to fund  the  research  authorized  in
subdivision  one  of  this  section AND SECTION TWENTY-FIVE HUNDRED-L OF
THIS CHAPTER from gifts, grants, and donations from individuals, private
organizations, foundations, or any governmental  unit;  except  that  no
gift,  grant,  or  donation  may  be accepted by the department if it is
subject to conditions that are inconsistent with this title or any other
laws of this state. The department shall have the power  to  direct  the
disposition  of  any  such  gift, grant, or donation for the purposes of
this title.
  3. After completion of the research authorized in subdivision  one  of
this  section, the department shall submit a report and supporting mate-
rials to the governor and the legislature by June first of the following
year AND UPDATE SUCH REPORT EVERY THREE YEARS.
  S 2. This act shall take effect immediately.

                                 PART F

  Section 1.  Paragraphs (a), (b) and (c) of subdivision  1  of  section
2411  of  the  public  health  law, as amended by section 5 of part A of
chapter 60 of the laws of 2014, are amended to read as follows:
  (a) Survey state agencies, boards, programs and  other  state  govern-
mental  entities  to  assess  what, if any, relevant data has been or is
being collected which may be of use to  researchers  engaged  in  breast
cancer  research,  OR ADULT AND CHILDHOOD OBESITY, ASTHMA, CHRONIC BRON-
CHITIS OR OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
  (b) Consistent with the survey conducted pursuant to paragraph (a)  of
this  subdivision,  compile  a  list of data collected by state agencies
which may be of assistance  to  researchers  engaged  in  breast  cancer
research  as  established  in section twenty-four hundred twelve of this
title, AND ADULT AND CHILDHOOD OBESITY, ASTHMA,  CHRONIC  BRONCHITIS  OR
OTHER CHRONIC RESPIRATORY DISEASE RESEARCH;
  (c)  Consult  with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, the National Academy of Sciences and  other  organizations
or  entities  which  may  be involved in cancer research to solicit both
information regarding breast cancer research  projects,  AND  ADULT  AND
CHILDHOOD  OBESITY,  ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIR-
ATORY DISEASE RESEARCH PROJECTS that are currently being  conducted  and
recommendations for future research projects;
  S  2.  Subdivision  1  of  section  2500  of the public health law, as
amended by chapter 822 of the laws  of  1987,  is  amended  to  read  as
follows:
  1. The commissioner shall act in an advisory and supervisory capacity,
in  matters pertaining to the safeguarding of motherhood, the prevention
of maternal, perinatal, infant and child mortality,  the  prevention  of
diseases,  low birth weight, CHILDHOOD OBESITY, and defects of childhood
and the promotion of maternal, prenatal and child health, including care
in hospitals, and shall administer such services bearing on  the  health
of  mothers  and children for which funds are or shall hereafter be made
available.
  S 3. The public health law is amended by adding a new  section  2500-l
to read as follows:

S. 1668                             8

  S  2500-L. CHILDHOOD OBESITY PREVENTION AND SCREENING.  1. LEGISLATIVE
DECLARATION. THE LEGISLATURE HEREBY FINDS, DETERMINES AND DECLARES  THAT
OBESITY,  PARTICULARLY  CHILDHOOD  OBESITY, IS A SERIOUS MEDICAL PROBLEM
AND THAT THE HIGH INCIDENCE OF SUCH CONDITION NEEDS TO BE  CURTAILED  TO
IMPROVE  THE OVERALL HEALTH OF THE GENERAL PUBLIC AND TO HELP REDUCE THE
COST OF PROVIDING HEALTH CARE IN THIS STATE. PROVIDED FURTHER, THAT  THE
LEGISLATURE HEREBY REAFFIRMS THE LEGISLATIVE INTENT CONTAINED IN SECTION
TWO HUNDRED SIXTY-ONE OF THIS CHAPTER CONCERNING OBESITY.
  2.  THE  COMMISSIONER MAY ESTABLISH, FOR USE BY PEDIATRIC PRIMARY CARE
PROVIDERS AND HOSPITALS, BEST PRACTICE PROTOCOLS FOR THE  EARLY  SCREEN-
ING, IDENTIFICATION AND TREATMENT OF CHILDREN WHO HAVE LOW BIRTH WEIGHTS
OR  MAY  BECOME  SUSCEPTIBLE  TO  CONTRACTING ASTHMA OR MANIFEST TO HAVE
CHILDHOOD OBESITY CONDITIONS. SUCH PROTOCOLS SHALL INCORPORATE STANDARDS
AND GUIDELINES ESTABLISHED BY THE AMERICAN ACADEMY OF PEDIATRICIANS, THE
FEDERAL DEPARTMENT OF AGRICULTURE, THE FEDERAL DEPARTMENT OF HEALTH  AND
HUMAN SERVICES, THE SURGEON GENERAL, AND THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.
  3.  THE  DEPARTMENT, IN ORDER TO SUPPORT QUALITY CARE IN ALL HOSPITALS
WITH OBSTETRIC SERVICES AND FOR ALL PEDIATRIC PRIMARY CARE PROVIDERS, IS
AUTHORIZED TO PROVIDE NON-PATIENT SPECIFIC INFORMATION FOR ALL BIRTHS AT
EACH AFFILIATE HOSPITAL IN EACH REGIONAL PERINATAL CENTER'S  NETWORK  TO
THE REGIONAL PERINATAL CENTER AND THE AFFILIATE, EXCEPT THAT SUCH INFOR-
MATION  SHALL  INCLUDE ZIP CODE AND A UNIQUE IDENTIFIER, SUCH AS MEDICAL
RECORD NUMBER.
  4. THE INFORMATION WHEN RECEIVED BY THE DEPARTMENT SHALL BE USED SOLE-
LY FOR THE PURPOSE OF IMPROVING QUALITY OF CARE AND SHALL NOT BE SUBJECT
TO RELEASE UNDER ARTICLE SIX OF  THE  PUBLIC  OFFICERS  LAW,  AND  WHERE
APPLICABLE,  SHALL  BE  SUBJECT  TO  THE  CONFIDENTIALITY  PROVISIONS OF
SECTION TWENTY-EIGHT HUNDRED FIVE-M OF THIS  CHAPTER,  EXCEPT  THAT  THE
RELEASE  OF  BIRTH  CERTIFICATE  INFORMATION SHALL BE SUBJECT TO SECTION
FORTY-ONE HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  5. THE COMMISSIONER MAY  RELEASE  INFORMATION  COLLECTED  THROUGH  THE
STATEWIDE   PERINATAL  DATA  SYSTEM,  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED-H OF THIS TITLE AND CORRESPONDING INFORMATION RELATED TO ASTHMA,
CHILDHOOD OBESITY OR UNDERWEIGHT BABIES TO HIS OR HER DESIGNEES, INCLUD-
ING PERSONS OR ENTITIES UNDER CONTRACT WITH  THE  DEPARTMENT  TO  REVIEW
QUALITY  OF  CARE  ISSUES, AS RELATED TO THE PROVISIONS OF THIS SECTION,
AND TO CONDUCT QUALITY IMPROVEMENT INITIATIVES  AS  NEEDED  TO  MONITOR,
EVALUATE  AND IMPROVE PATIENT CARE AND OUTCOMES. SUCH DESIGNEE OR PERSON
OR ENTITY UNDER CONTRACT WITH THE DEPARTMENT TO REVIEW QUALITY  OF  CARE
ISSUES  SHALL  MAINTAIN  THE CONFIDENTIALITY OF ALL SUCH INFORMATION AND
SHALL USE IT ONLY TO IMPROVE QUALITY OF CARE, AS APPROVED BY THE DEPART-
MENT, AND TO IMPLEMENT THE PROVISIONS OF TITLE FIVE OF  ARTICLE  TWO  OF
THIS  CHAPTER, AS ADDED BY CHAPTER FIVE HUNDRED THIRTY-EIGHT OF THE LAWS
OF TWO THOUSAND TWO.
  6. THE DEPARTMENT MAY PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS  ON
CHILDHOOD  OBESITY  AND ASTHMA RISKS AND PRECAUTIONS. SUCH MATERIALS MAY
BE MADE AVAILABLE TO CHILD  CARE  CENTERS,  PEDIATRICIANS  AND  NURSERY,
ELEMENTARY AND SECONDARY SCHOOLS FOR DISTRIBUTION TO PERSONS IN PARENTAL
RELATION  TO  CHILDREN,  AND  TO  HOSPITALS,  BIRTHING CENTERS AND OTHER
APPROPRIATE  HEALTH  CARE  PROVIDERS  FOR  DISTRIBUTION   TO   MATERNITY
PATIENTS.  IN  ADDITION,  SUCH  MATERIALS MAY BE PROVIDED TO HEALTH CARE
PROFESSIONALS ENGAGED IN THE CARE AND TREATMENT OF CHILDREN FOR DISTRIB-
UTION TO SUCH CHILDREN AND PERSONS IN PARENTAL RELATION. THE  DEPARTMENT
MAY  ALSO  PROVIDE INFORMATION ON CHILDHOOD OBESITY AND ASTHMA RISKS AND
PRECAUTIONS ON THE DEPARTMENT'S INTERNET WEBSITE. NO PROVISION  OF  THIS

S. 1668                             9

SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE UTILIZATION AND DISTRIBUTION
OF  EDUCATIONAL  MATERIALS  RELATING  THERETO  PRODUCED  BY  ANY PUBLIC,
PRIVATE OR GOVERNMENTAL ENTITY, IN LIEU OF THE  DEPARTMENT'S  PRODUCTION
OF SUCH MATERIALS.
  7.  THE DEPARTMENT SHALL PERIODICALLY REVIEW AVAILABLE DATA ON OBESITY
AND ASTHMA IN CHILDREN AND UPDATE THE INFORMATION ON  CHILDHOOD  OBESITY
AND  ASTHMA RISKS AND PRECAUTIONARY MEASURES PROVIDED IN ITS EDUCATIONAL
MATERIALS AND ON ITS INTERNET WEBSITE, AS APPROPRIATE.
  S 4. This act shall take effect immediately.

                                 PART G

  Section 1.  Section 2505-a of the public health law, as added by chap-
ter 292 of the laws of 2009, is amended to read as follows:
  S 2505-a. Rights of breastfeeding mothers. 1. The  principles  enunci-
ated  in subdivision three of this section are declared to be the public
policy of the state and a copy of such  statement  of  rights  shall  be
posted  conspicuously  in  a  public  place in each maternal health care
facility AND CHILD DAY CARE FACILITY.   For purposes  of  this  section,
"maternal  health  care  provider"  means a physician, midwife, or other
authorized practitioner attending a pregnant woman; and "maternal health
care facility" includes  hospitals  and  freestanding  birthing  centers
providing  perinatal services in accordance with article twenty-eight of
this chapter and applicable regulations.
  2. The commissioner shall make available to every maternal health care
provider [and], maternal health care facility AND CHILD DAY CARE FACILI-
TY, on the health department's website for the purpose  of  health  care
facilities  to  include such rights in the maternity information leaflet
as described in section twenty-eight hundred three-j of this chapter,  a
copy  of  the  statement of rights provided in subdivision three of this
section in the top six languages other than English spoken in the  state
according  to  the latest available data from the U.S. Bureau of Census,
and shall adopt any rules and regulations necessary to ensure that  such
patients  are  treated  in accordance with the provisions of such state-
ment.
  3. The statement of rights shall consist of the following:
                 "Breastfeeding Mothers' Bill of Rights"
  Choosing the way you will feed your new baby is one of  the  important
decisions  you will make in preparing for your infant's arrival. Doctors
agree that for most women breastfeeding is the safest and  most  healthy
choice.  It  is  your right to be informed about the benefits of breast-
feeding and have your health care provider [and], maternal  health  care
facility  AND  CHILD DAY CARE FACILITY encourage and support breastfeed-
ing. You have the right to make your  own  choice  about  breastfeeding.
Whether  you  choose  to  breastfeed or not you have the following basic
rights regardless of your race, creed, national  origin,  sexual  orien-
tation,  gender  identity  or  expression, or source of payment for your
health care. Maternal health care facilities have  a  responsibility  to
ensure that you understand these rights. They must provide this informa-
tion clearly for you and must provide an interpreter if necessary. These
rights  may  only be limited in cases where your health or the health of
your baby requires it. If any of the following things are not  medically
right  for  you  or your baby, you should be fully informed of the facts
and be consulted.
(1) Before You Deliver, if  you  attend  prenatal  childbirth  education
classes  provided  by the maternal health care facility and all hospital

S. 1668                            10

clinics and diagnostic and treatment centers providing prenatal services
in accordance with article 28 of the public health law you must  receive
the  breastfeeding  mothers'  bill  of rights. Each maternal health care
facility  shall provide the maternity information leaflet, including the
Breastfeeding Mothers' Bill of Rights, in accordance with section  twen-
ty-eight  hundred  three-i  of  this  chapter  to each patient or to the
appointed personal representative at the time of prebooking or  time  of
admission  to a maternal health care facility. Each maternal health care
provider shall give a copy of the Breastfeeding Mothers' Bill of  Rights
to each patient at or prior to the medically appropriate time.
  You  have  the  right  to  complete  information about the benefits of
breastfeeding for yourself and your baby. This will  help  you  make  an
informed choice on how to feed your baby.
  You  have  the right to receive information that is free of commercial
interests and includes:
  *  How  breastfeeding  benefits  you  and  your  baby   nutritionally,
medically and emotionally;
  * How to prepare yourself for breastfeeding;
  * How to understand some of the problems you may face and how to solve
them.
(2) In The Maternal Health Care Facility:
  * You have the right to have your baby stay with you right after birth
whether you deliver vaginally or by cesarean section. You have the right
to begin breastfeeding within one hour after birth.
  *  You  have  the right to have someone trained to help you in breast-
feeding give you information and help you when you need it.
  * You have the right to have your baby not receive any bottle  feeding
or pacifiers.
  *  You  have the right to know about and refuse any drugs that may dry
up your milk.
  * You have the right to have your baby in your room with you 24  hours
a day.
  * You have the right to breastfeed your baby at any time day or night.
  *  You  have the right to know if your doctor or your baby's pediatri-
cian is advising against breastfeeding before any feeding decisions  are
made.
  *  You have the right to have a sign on your baby's crib clearly stat-
ing that your baby is breastfeeding and that no bottle  feeding  of  any
type is to be offered.
  *  You  have  the  right to receive full information about how you are
doing with breastfeeding and get help on how to improve.
  * You have the right to breastfeed your baby in the neonatal intensive
care unit. If nursing is not possible, every attempt  will  be  made  to
have your baby receive your pumped or expressed milk.
  * If you, or your baby, are re-hospitalized in a maternal care facili-
ty  after the initial delivery stay, the hospital will make every effort
to continue to support breastfeeding, to provide hospital grade electric
pumps and rooming in facilities.
  * You have the right to have help from someone  specially  trained  in
breastfeeding  support  and  expressing  breast  milk  if  your baby has
special needs.
  * You have the right to have a family member or friend receive breast-
feeding information from a staff member if you request it.
(3) When You Leave The Maternal Health Care Facility:
  * You have the right to  printed  breastfeeding  information  free  of
commercial material.

S. 1668                            11

  * You have the right, unless specifically requested by you, and avail-
able  at  the  facility,  to  be  discharged  from  the facility without
discharge packs containing infant formula,  or  formula  coupons  unless
ordered by your baby's health care provider.
  *  You have the right to get information about breastfeeding resources
in your community including information on availability of breastfeeding
consultants, support groups and breast pumps.
  * You have the right to have the facility give you information to help
choose a medical provider for your baby and understand the importance of
a follow-up appointment.
  * You have the right to receive information  about  safely  collecting
and storing your breast milk.
  *  You  have the right to breastfeed your baby in any location, public
or private, where you are otherwise authorized to be. Complaints can  be
directed to the New York State Division of Human Rights.
  * YOU HAVE A RIGHT TO BREASTFEED YOUR BABY AT YOUR PLACE OF EMPLOYMENT
OR  CHILD  DAY  CARE  CENTER  IN AN ENVIRONMENT THAT DOES NOT DISCOURAGE
BREASTFEEDING OR THE PROVISION OF BREAST MILK.
  All the above are your rights. If the maternal  health  care  facility
does not honor these rights you can seek help by contacting the New York
state  department  of  health  or  by  contacting the hospital complaint
hotline or via email.
  4. The commissioner shall make  regulations  reasonably  necessary  to
implement this section.
  S 2. Section 2505 of the public health law, as added by chapter 479 of
the laws of 1980, is amended to read as follows:
  S  2505.  Human  breast  milk;  collection,  storage and distribution;
general  powers  of  the  commissioner.    The  commissioner  is  hereby
empowered to:
  (a)  adopt  regulations  and  guidelines including, but not limited to
donor standards, methods of collection, and standards for  storage,  and
distribution of human breast milk;
  (b)  conduct  educational  activities  to inform the public and health
care providers of the availability of  human  breast  milk  for  infants
determined  to  require  such milk and to inform potential donors of the
opportunities for proper donation;
  (c) ADOPT REGULATIONS  AND  GUIDELINES  TO  ENCOURAGE  AND  FACILITATE
EMPLOYERS  AND  CHILD DAY CARE CENTERS TO ESTABLISH ENVIRONMENTS THAT DO
NOT DISCOURAGE BREASTFEEDING AND THE  PROVISION  OF  BREAST  MILK.  SUCH
ENVIRONMENTS  SHALL INCLUDE SANITARY LOCATIONS FOR BREASTFEEDING, REFRI-
GERATORS, AND TRAINED STAFF  TO  ASSIST  IN  BREASTFEEDING  AND  FEEDING
BABIES WITH EXPRESSED BREAST MILK;
  (D) COLLECT AND COMPILE DATA ON THE PREVALENCE OF BREASTFEEDING IN THE
STATE AND THE HEALTH CONDITION OF CHILDREN FED BREAST MILK IN COMPARISON
TO THOSE WHO WERE NOT; AND
  (E)  establish  rules  and regulations to effectuate the provisions of
this section.
  S 3. Subdivision 2 of section 2515 of the public health law, as  added
by section 20 of part A of chapter 58 of the laws of 2008, is amended to
read as follows:
  2. "Services for eligible adolescents" means those services, including
but  not  limited  to: vocational and educational counseling, job skills
training, family life and parenting education, life skills  development,
coordination, case management, primary preventive health care, PREGNANCY
AND  CHILD  NUTRITION COUNSELING FOR EXPECTANT MOTHERS TO CURB THE INCI-
DENCE OF CHILDHOOD OBESITY, family  planning,  social  and  recreational

S. 1668                            12

programs, child care, outreach and advocacy, follow-up on service utili-
zation, crisis intervention, and efforts to stimulate community interest
and involvement.
  S  4.  Paragraph  (c) of subdivision 2 of section 2515-a of the public
health law, as added by section 20 of part A of chapter 58 of  the  laws
of 2008, is amended to read as follows:
  (c)  serve  a geographic area where the incidence of infant mortality,
LOW BIRTH WEIGHT INFANTS, CHILDHOOD OBESITY and the prevalence  of  low-
income  families are high and where the availability or accessibility of
services for eligible adolescents is low;
  S 5. Subdivision (b) of section 2522 of  the  public  health  law,  as
amended  by chapter 484 of the laws of 2009, is amended and a new subdi-
vision (e-1) is added to read as follows:
  (b) promotion of community awareness of the benefits TO THE MOTHER AND
CHILD of preconception health and early and continuous prenatal care;
  (E-1) HEALTH AND NUTRITIONAL EDUCATION AND SERVICES FOR BOTH  PARENTS,
REGARDING  CHILDHOOD AND ADULT OBESITY AND ASTHMA, AND THE PREVENTION OR
MITIGATION THEREOF;
  S 6. This act shall take effect immediately.

                                 PART H

  Section 1.  The education law is amended by adding a new  section  922
to read as follows:
  S 922. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE NEBU-
LIZERS IN THE OFFICE OF THE SCHOOL NURSE  OR  IN  A  SIMILAR  ACCESSIBLE
LOCATION.
  2.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
MAY PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF  ASTHMA  MEDICATION
THROUGH  THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON AUTHORIZED
BY REGULATION. THE REGULATIONS MAY INCLUDE:
  A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON  AUTHORIZED
TO  ADMINISTER  ASTHMA  MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
MANAGEMENT AND IN THE USE OF NEBULIZERS  AND  INHALERS  CONSISTENT  WITH
NATIONALLY RECOGNIZED STANDARDS; AND
  B.  A  REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
PURSUANT TO SECTION NINE HUNDRED SIXTEEN OF THIS ARTICLE OR A  NEBULIZER
HAVE  AN  ASTHMA  TREATMENT PLAN PREPARED BY THE PHYSICIAN OF THE PUPIL,
WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT  PLAN,  AND
SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY THE REGENTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of education is authorized to promulgate rules and
regulations for the implementation of this act on such effective date.

                                 PART I

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S  235-H.  RESIDENTIAL  RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL
AGREEMENT FOR A DWELLING UNIT, IN  A  MULTIPLE  DWELLING  BUILDING  WITH
TWENTY  OR  MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY
FOR THE PREMISES ON WHICH THE DWELLING UNIT IS LOCATED.  THE  DISCLOSURE
MUST STATE WHETHER SMOKING IS PROHIBITED ON THE PREMISES, ALLOWED ON THE
ENTIRE  PREMISES  OR  ALLOWED  IN  LIMITED AREAS ON THE PREMISES. IF THE

S. 1668                            13

SMOKING POLICY ALLOWS SMOKING IN LIMITED  AREAS  ON  THE  PREMISES,  THE
DISCLOSURE  MUST  IDENTIFY  THE  AREAS  ON THE PREMISES WHERE SMOKING IS
ALLOWED.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

                                 PART J

  Section 1.  The state finance law is amended by adding a  new  section
91-h to read as follows:
  S  91-H.  OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND.
1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER
OF  TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN
AS THE "OBESITY AND RESPIRATORY DISEASE RESEARCH AND EDUCATION FUND".
  2. SUCH FUND SHALL CONSIST OF ALL  REVENUE  RECEIVED  PURSUANT  TO  AN
APPROPRIATION  THERETO,  AND  ALL OTHER MONEYS APPROPRIATED, CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER  FUND  OR  SOURCE  PURSUANT  TO  LAW.
NOTHING  IN  THIS  SECTION  SHALL  BE  DEEMED  TO PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE  FUND  AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3.  MONIES  OF THE FUND SHALL BE EXPENDED ONLY FOR ADULT AND CHILDHOOD
OBESITY, ASTHMA, CHRONIC BRONCHITIS OR OTHER CHRONIC RESPIRATORY DISEASE
RESEARCH AND EDUCATIONAL PROJECTS CONDUCTED PURSUANT TO  SECTIONS  TWEN-
TY-FOUR HUNDRED ELEVEN, TWENTY-FIVE HUNDRED AND TWENTY-FIVE HUNDRED-L OF
THE PUBLIC HEALTH LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED OR CERTIFIED BY THE COMMISSIONER OF
HEALTH.
  S 2. This act shall take effect immediately.

                                 PART K

  Section 1.  Paragraph (a) of subdivision 2-a of  section  390  of  the
social  services  law,  as  added by chapter 416 of the laws of 2000, is
amended to read as follows:
  (a) The office of children and family services shall promulgate  regu-
lations   which  establish  minimum  quality  program  requirements  for
licensed and registered child day care homes, programs  and  facilities.
Such  requirements  shall include but not be limited to (i) the need for
age appropriate activities, materials and equipment  to  promote  cogni-
tive,  educational,  social, cultural, physical, emotional, language and
recreational development of children in care  in  a  safe,  healthy  and
caring environment (ii) principles of childhood development (iii) appro-
priate  staff/child  ratios  for family day care homes, group family day
care homes, school age day care programs and day care centers,  provided
however  that  such  staff/child ratios shall not be less stringent than
applicable staff/child ratios as set forth in part  four  hundred  four-
teen, four hundred sixteen, four hundred seventeen or four hundred eigh-
teen  of title eighteen of the New York code of rules and regulations as
of January first, two thousand (iv) appropriate levels of supervision of
children in care (v) APPROPRIATE PHYSICAL ACTIVITY,  NUTRITIONAL  OFFER-
INGS,  AND LOW CALORIE AND LOW SUGAR BEVERAGES TO LOWER THE INCIDENCE OF
CHILDHOOD  OBESITY  (VI)  minimum  standards  for  sanitation,   health,
infection  control, nutrition, buildings and equipment, safety, security
procedures, first aid, fire prevention, fire  safety,  evacuation  plans

S. 1668                            14

and drills, prevention of child abuse and maltreatment, staff qualifica-
tions and training, record keeping, and child behavior management.
  S  2.  Section 390-a of the social services law is amended by adding a
new subdivision 6 to read as follows:
  6. NO FAMILY DAY CARE HOME, GROUP FAMILY DAY  CARE  HOME,  SCHOOL  AGE
CHILD  CARE  PROGRAM OR CHILD DAY CARE CENTER SHALL DISCRIMINATE AGAINST
ANY CHILD WHO IS BREAST FED OR WHO IS FED WITH EXPRESSED BREAST MILK.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.

                                 PART L

  Section  1.  Subdivision  1  of  section  414  of the education law is
amended by adding a new paragraph (l) to read as follows:
  (L) FOR BONA FIDE AFTER-SCHOOL PROGRAMS OPERATED BY  A  NOT-FOR-PROFIT
OR  CHARITABLE  ORGANIZATION.  SUCH  PROGRAMS SHALL PRESENT SOME FORM OF
EDUCATIONAL INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCA-
TION.
  S 2. Subdivision 2 of section 414 of the education law, as amended  by
chapter 513 of the laws of 2005, is amended to read as follows:
  2.  The  trustees  or board of education shall determine the terms and
conditions for such use which may include rental at least in  an  amount
sufficient  to  cover  all  resulting expenses for the purposes of para-
graphs (a), (b), (c), (d), (e), (g), (i), (j) and (k) of subdivision one
of this section. FOR THE PURPOSES OF PARAGRAPH (1) OF SUBDIVISION ONE OF
THIS SECTION, THE TRUSTEES OR BOARD OF EDUCATION MAY PROVIDE THAT EITHER
NO FEE OR A MINIMAL FEE BE IMPOSED UPON THE NOT-FOR-PROFIT OR CHARITABLE
ORGANIZATION. Any such use, pursuant to [paragraphs] PARAGRAPH (a), (c),
(d), (h) [and], (j) OR (L) of subdivision one of this section, shall not
allow the exclusion of any district child solely because said  child  is
not  attending  a  district  school or not attending the district school
which is sponsoring such use or on which grounds the use is to occur.
  S 3. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  27. Promulgate regulations, in conjunction with each community  super-
intendent, establishing a plan for providing access to school facilities
in  each community school district, when not in use for school purposes,
in accordance with the provisions of section four  hundred  fourteen  of
this  chapter. Such plan shall set forth a reasonable system of fees not
to exceed the actual costs and specify that no part  of  any  fee  shall
directly  or  indirectly  benefit  or be deposited into an account which
inures  to  the  benefit  of  the  custodians  or  custodial  engineers.
NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, SUCH PLAN  MAY PROVIDE THAT EITHER NO FEE  OR  A  MINIMAL  FEE
SHALL BE CHARGED FOR THE USE OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR
CHARITABLE  ORGANIZATION.  THE  USE OF SUCH FACILITIES SHALL ONLY BE FOR
BONA FIDE AFTER-SCHOOL PROGRAMS THAT PRESENT SOME  FORM  OF  EDUCATIONAL
INSTRUCTION OR ACADEMIC MATERIAL, OR PROMOTE PHYSICAL EDUCATION.
  S 4. Subdivision 27 of section 2590-h of the education law, as amended
by chapter 720 of the laws of 1996, is amended to read as follows:
  27. Develop, in conjunction with each community superintendent, a plan
for  providing  access  to  school  facilities  in each community school
district, when not in use for school purposes, in  accordance  with  the

S. 1668                            15

provisions  of  section four hundred fourteen of this chapter. Such plan
shall set forth a reasonable system of fees not  to  exceed  the  actual
costs  and  specify that no part of any fee shall directly or indirectly
benefit  or  be deposited into an account which inures to the benefit of
the custodians  or  custodial  engineers.    NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW,  RULE  OR  REGULATION TO THE CONTRARY, SUCH PLAN MAY
PROVIDE THAT EITHER NO FEE OR A MINIMAL FEE SHALL BE CHARGED FOR THE USE
OF SCHOOL FACILITIES BY A NOT-FOR-PROFIT OR CHARITABLE ORGANIZATION. THE
USE OF SUCH FACILITIES SHALL ONLY BE FOR BONA FIDE AFTER-SCHOOL PROGRAMS
THAT PRESENT SOME FORM OF EDUCATIONAL INSTRUCTION OR ACADEMIC  MATERIAL,
OR PROMOTE PHYSICAL EDUCATION.
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided that the amendments to subdivision
27 of section 2590-h of the education law, made by section three of this
act, shall be subject to the expiration and reversion of  such  section,
pursuant  to  subdivision 12 of section 17 of chapter 345 of the laws of
2009, as amended, when upon such date the provisions of section four  of
this act shall take effect.

                                 PART M

  Section 1. Section 901 of the education law, as amended by chapter 477
of  the laws of 2004, subdivision 1 as amended by section 57 of part A-1
of chapter 58 of the laws of 2006, is amended to read as follows:
  S 901. School  health  services  to  be  provided.  1.  School  health
services,  as  defined  in  subdivision  two  of  this section, shall be
provided by each school district for all students attending  the  public
schools in this state, except in the city school district of the city of
New  York,  as  provided  in  this article. School health services shall
include the services of a  registered  professional  nurse,  if  one  is
employed,  and  shall  also  include such services as may be rendered as
provided in this article in examining  students  for  the  existence  of
disease  or disability, OR MAY INCLUDE SERVICES RELATED TO EXAMINING FOR
CHILDHOOD OBESITY BASED UPON THE CALCULATION OF EACH STUDENT'S BODY MASS
INDEX AND WEIGHT STATUS CATEGORY PURSUANT TO SECTION NINE  HUNDRED  FOUR
OF THIS ARTICLE, and in testing the eyes and ears of such students.
  2.  School health services for the purposes of this article shall mean
the several procedures, including, but not limited to, medical  examina-
tions,  dental  inspection and/or screening, scoliosis screening, vision
screening [and], audiometer tests, AND CHILDHOOD OBESITY AS MEASURED  BY
BODY  MASS  INDEX  AND WEIGHT STATUS CATEGORY, designed to determine the
health status of the child;  to  inform  parents  or  other  persons  in
parental  relation  to  the child, pupils and teachers of the individual
child's health condition subject to federal  and  state  confidentiality
laws; to guide parents, children and teachers in procedures for prevent-
ing  and correcting defects [and], diseases AND CHILDHOOD OBESITY CONDI-
TIONS; to instruct the school personnel in procedures to take in case of
accident or  illness;  to  survey  and  make  necessary  recommendations
concerning  the  health  and safety aspects of school facilities and the
provision of health information.
  S 2. Subdivisions 1, 3 and 4 of section 903 of the education  law,  as
amended  by chapter 281 of the laws of 2007, subdivision 1 as separately
amended by section 11 of part B of chapter 58 of the laws  of  2007  and
paragraph a of subdivision 3 as amended by section 28 of part A of chap-
ter 58 of the laws of 2008, are amended to read as follows:

S. 1668                            16

  1.  A  health  certificate  shall  be furnished by each student in the
public schools upon his or her entrance in such schools and upon his  or
her entry into the grades prescribed by the commissioner in regulations,
provided  that such regulations shall require such certificates at least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with  any
applicable  written practice agreement, or by a duly licensed physician,
physician assistant, or nurse practitioner, who is authorized  to  prac-
tice  in  the  jurisdiction in which the examination was given, provided
that the commissioner has determined that such jurisdiction  has  stand-
ards  of  licensure  and  practice comparable to those of New York. Each
such certificate shall describe the condition of the  student  when  the
examination  was  made, which shall not be more than twelve months prior
to the commencement of the school  year  in  which  the  examination  is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools.  THE EXAM-
INATION MAY INCLUDE A DIABETES RISK ANALYSIS AND, IF NECESSARY, CHILDREN
WITH RISK FACTORS FOR TYPE 1 DIABETES, OR RISK FACTORS  ASSOCIATED  WITH
TYPE 2 DIABETES SUCH AS OBESITY, A FAMILY HISTORY OF TYPE 2 DIABETES, OR
ANY  OTHER  FACTORS  CONSISTENT  WITH INCREASED RISK SHALL BE TESTED FOR
DIABETES. Each such certificate shall also state the student's body mass
index (BMI) and weight status category.  For purposes of  this  section,
BMI  is  computed  as  the  weight in kilograms divided by the square of
height in meters or the weight in pounds divided by the square of height
in inches multiplied by a conversion factor of 703. Weight status  cate-
gories  for  children and adolescents shall be as defined by the commis-
sioner of health. In all  school  districts  such  physician,  physician
assistant  or nurse practitioner shall determine whether a one-time test
for sickle cell anemia is necessary or desirable and  he  or  she  shall
conduct such a test and the certificate shall state the results.
  3.  a. Within thirty days after the student's entrance in such schools
or grades, the health certificate shall be submitted to the principal or
his or her designee and shall  be  filed  in  the  student's  cumulative
health  record. If such student does not present a health certificate as
required in this section, unless he or  she  has  been  accommodated  on
religious grounds, the principal or the principal's designee shall cause
a notice to be sent to the parents or person in parental relationship to
such  student  that  if the required health certificate is not furnished
within thirty days from the date of such notice, an examination will  be
made  of  such  student,  as  provided  in this article. Each school and
school district [chosen as part of an appropriate sampling  methodology]
shall  participate  in  surveys  directed  by the commissioner of health
pursuant to the public health law  in  relation  to  students'  BMI  and
weight  status  categories  as reported on the school health certificate
and which shall be subject to audit by the commissioner of health.  Such
surveys  shall  contain the information required pursuant to subdivision
one of this section in relation to students' BMI and weight status cate-
gories in aggregate. Parents or other persons in parental relation to  a
student  may refuse to have the student's BMI and weight status category
included in such survey.  Each school and school district shall  provide
the  commissioner of health with any information, records and reports he
or she may require for the purpose of such audit.  The  BMI  and  weight

S. 1668                            17

status  survey  and  audit  as  described  in  this subdivision shall be
conducted consistent with confidentiality requirements imposed by feder-
al law.
  b.  Within thirty days after the student's entrance in such schools or
grades, the dental health certificate, if obtained, shall  be  filed  in
the student's cumulative health record.
  4.  Notwithstanding  the provisions of subdivisions one, two and three
of this section, no examinations for  a  health  certificate  or  health
history  shall  be  required  or  dental  certificate  requested, and no
screening examinations for sickle cell anemia OR CHILDHOOD OBESITY shall
be required where a student or the parent or person in parental relation
to such student objects thereto on the grounds that such examinations or
health  history  conflict  with  their  genuine  and  sincere  religious
beliefs.
  S  3. Subdivision 1 of section 904 of the education law, as amended by
section 12 of part B of chapter 58 of the laws of 2007,  is  amended  to
read as follows:
  1.  Each  principal  of a public school, or his or her designee, shall
report to the director of school  health  services  having  jurisdiction
over  such  school,  the  names  of  all students who have not furnished
health certificates as provided in section nine hundred  three  of  this
article,  or  who  are children with disabilities, as defined by article
eighty-nine of this chapter, and the director of school health  services
shall  cause  such  students to be separately and carefully examined and
tested to ascertain whether any student has defective sight or  hearing,
or  any  other  physical disability which may tend to prevent him or her
from receiving the full benefit of school  work,  or  from  requiring  a
modification  of  such  work  to  prevent  injury to the student or from
receiving the best educational results.   Each  examination  shall  also
include  a calculation of the student's body mass index (BMI) and weight
status category. For purposes of this section, BMI is  computed  as  the
weight  in  kilograms  divided  by the square of height in meters or the
weight in pounds divided by the square of height in inches multiplied by
a conversion factor of 703. Weight status categories  for  children  and
adolescents  shall  be  as defined by the commissioner of health. In all
school districts, such physician, physician assistant or  nurse  practi-
tioner shall determine whether a one-time test for sickle cell anemia is
necessary  or  desirable  and he or she shall conduct such tests and the
certificate shall state the results. If it should be  ascertained,  upon
such test or examination, that any of such students have defective sight
or  hearing[,]  or  other  physical  disability,  including  sickle cell
anemia, as above described, OR ARE OBESE, the principal or  his  or  her
designee  shall  notify  the  parents  of,  or other persons in parental
relation to, the child as to the existence of such  disability.  If  the
parents or other persons in parental relation are unable or unwilling to
provide  the necessary relief and treatment for such students, such fact
shall be reported by the principal or his or her designee to the  direc-
tor  of school health services, whose duty it shall be to provide relief
for such students. Each school and school district [chosen as part of an
appropriate sampling methodology] shall participate in surveys  directed
by  the  commissioner  of  health  pursuant  to the public health law in
relation to students' BMI and weight status categories as determined  by
the  examination  conducted  pursuant to this section and which shall be
subject to audit by the  commissioner  of  health.  Such  surveys  shall
contain  the  information  required  pursuant  to  this  subdivision  in
relation to students' BMI and weight  status  categories  in  aggregate.

S. 1668                            18

[Parents  or  other persons in parental relation to a student may refuse
to have the student's BMI and weight status category  included  in  such
survey.]  Each school and school district shall provide the commissioner
of  health  with  any  information,  records  and  reports he or she may
require for the purpose of such audit. The BMI and weight status  survey
and  audit  as  described  in this section shall be conducted consistent
with  confidentiality  requirements  imposed  by  federal   law.   [Data
collection  for  such surveys shall commence on a voluntary basis at the
beginning of the two thousand seven academic school  year,  and  by  all
schools  chosen  as part of the sampling methodology at the beginning of
the two thousand eight academic school year.] The department shall  also
utilize  the  collected  data  to  develop a report of child obesity and
obesity related diseases.
  S 4. Section 912 of the education law, as amended by  chapter  477  of
the laws of 2004, is amended to read as follows:
  S 912. Health  and welfare services to all children. The voters and/or
trustees or board of education of  every  school  district  shall,  upon
request  of the authorities of a school other than public, provide resi-
dent children who attend such school with any or all of the  health  and
welfare  services and facilities which are made available by such voters
and/or trustees or board of education to or for children  attending  the
public  schools  of the district. Such services may include, but are not
limited to all services performed by a physician,  physician  assistant,
dentist,  dental hygienist, registered professional nurse, nurse practi-
tioner, school psychologist, school social worker or school speech ther-
apist, and may also  include  dental  prophylaxis,  vision  and  hearing
screening  examinations,  CHILDHOOD  OBESITY  SCREENING,  the  taking of
medical histories and the administration of health screening tests,  the
maintenance of cumulative health records and the administration of emer-
gency  care  programs  for ill or injured students. Any such services or
facilities shall be so provided notwithstanding  any  provision  of  any
charter  or other provision of law inconsistent herewith. Where children
residing in one school  district  attend  a  school  other  than  public
located  in  another  school  district,  the  school  authorities of the
district of residence shall contract with the school authorities of  the
district  where  such  nonpublic school is located, for the provision of
such health and welfare services and facilities to such children by  the
school  district where such nonpublic school is located, for a consider-
ation  to  be  agreed  upon  between  the  school  authorities  of  such
districts,  subject  to  the  approval  of  the  qualified voters of the
district of residence when required under the provisions of  this  chap-
ter.  Every such contract shall be in writing and in the form prescribed
by the commissioner, and before such contract is executed the same shall
be submitted for approval to the superintendent of schools having juris-
diction over such district of residence  and  such  contract  shall  not
become effective until approved by such superintendent.
  S  5.  Subdivisions  4  and  5 of section 918 of the education law, as
added by chapter 493 of the  laws  of  2004,  are  amended  to  read  as
follows:
  4.  The  committee  is encouraged to study AND MAKE RECOMMENDATIONS ON
all facets of the current nutritional policies of the  district  includ-
ing, but not limited to, the goals of the district to promote health and
proper  nutrition,  REDUCE  THE  INCIDENCE OF CHILDHOOD OBESITY, vending
machine sales, menu criteria, educational  curriculum  teaching  healthy
nutrition,  AND educational information provided to parents or guardians
regarding healthy nutrition and the health risks associated with  obesi-

S. 1668                            19

ty,  ASTHMA,  CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIRATORY DISEASES.
PROVIDED, FURTHER, THE COMMITTEE MAY PROVIDE INFORMATION TO  PERSONS  IN
PARENTAL  RELATION  ON  opportunities offered to parents or guardians to
encourage  healthier  eating  habits  to  students,  and  the  education
provided to teachers and other staff as to  the  importance  of  healthy
nutrition  AND  ABOUT THE DANGERS OF CHILDHOOD OBESITY.  In addition the
committee  shall  consider  recommendations  and  practices   of   other
districts and nutrition studies.
  5.  The committee is encouraged to report periodically to the district
regarding practices that will educate teachers, parents or guardians and
children about healthy nutrition and raise awareness of the  dangers  of
CHILDHOOD  obesity, ASTHMA, CHRONIC BRONCHITIS AND OTHER CHRONIC RESPIR-
ATORY DISEASES.  The committee is encouraged also to provide any  parent
teacher  associations in the district with such findings and recommenda-
tions.
  S 6. This act shall take effect two years after it shall have become a
law.

                                 PART N

  Intentionally omitted.

                                 PART O

  Section 1. Subdivisions 1 and 5 of section 803 of the  education  law,
as  amended  by  chapter 118 of the laws of 1957, are amended to read as
follows:
  1. All pupils above the age of  eight  years  in  all  elementary  and
secondary  schools,  shall  receive as part of the prescribed courses of
instruction therein such physical education under the direction  of  the
commissioner  of  education  as  the regents may determine. Such courses
shall be designed to aid in the well-rounded education of pupils and  in
the  development  of  character,  citizenship, OVERALL physical fitness,
GOOD health [and], the worthy use of leisure AND THE  REDUCTION  IN  THE
INCIDENCE  OF  CHILDHOOD  OBESITY.   Pupils above such age attending the
public schools shall be required to attend upon such prescribed  courses
of instruction.
  5.  (A) It shall be the duty of the regents to adopt rules determining
the subjects to be included in courses of  physical  education  provided
for  in this section, the period of instruction in each of such courses,
the qualifications of teachers, and the attendance upon such courses  of
instruction.
  (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE REGENTS
MAY PROVIDE  IN  ITS  RULES  THAT  THE  PHYSICAL  EDUCATION  INSTRUCTION
REQUIREMENT FOR ALL STUDENTS ENROLLED IN ELEMENTARY AND SECONDARY SCHOOL
GRADES  SHALL, WHERE FEASIBLE, INCLUDE DAILY PHYSICAL EXERCISE OR ACTIV-
ITY, INCLUDING STUDENTS WITH DISABLING CONDITIONS AND THOSE IN  ALTERNA-
TIVE  EDUCATION  PROGRAMS.  THE  REGENTS  MAY  INCLUDE IN ITS RULES THAT
STUDENTS ENROLLED IN SUCH ELEMENTARY AND SECONDARY SCHOOLS SHALL PARTIC-
IPATE IN PHYSICAL EDUCATION, EXERCISE OR ACTIVITY FOR A MINIMUM  OF  ONE
HUNDRED  TWENTY MINUTES DURING EACH SCHOOL WEEK. THE REGENTS MAY PROVIDE
FOR A TWO-YEAR PHASE-IN SCHEDULE FOR DAILY PHYSICAL EDUCATION IN ELEMEN-
TARY SCHOOLS IN ITS RULES.
  S 2. The section heading and subdivision  1  of  section  804  of  the
education law, the section heading as amended by chapter 401 of the laws

S. 1668                            20

of  1998  and subdivision 1 as added by chapter 982 of the laws of 1977,
are amended and a new subdivision 3-b is added to read as follows:
  Health   education   regarding  alcohol,  drugs,  tobacco  abuse,  THE
REDUCTION IN THE INCIDENCE OF OBESITY, and the prevention and  detection
of certain cancers. 1. All schools shall include, as an integral part of
health,  SCIENCE, OR PHYSICAL education, instruction so as to discourage
the misuse and abuse of alcohol, tobacco[,] and other drugs,  TO  REDUCE
THE  INCIDENCE  OF  OBESITY,  and  promote  attitudes  and behavior that
enhance health, well being, and human dignity.
  3-B. INSTRUCTION REGARDING THE LONG TERM HEALTH RISKS ASSOCIATED  WITH
OBESITY AND METHODS OF PREVENTING AND REDUCING THE INCIDENCE OF OBESITY,
INCLUDING  GOOD  NUTRITION AND REGULAR EXERCISE. SUCH INSTRUCTION MAY BE
AN INTEGRAL PART OF REQUIRED  HEALTH,  SCIENCE,  OR  PHYSICAL  EDUCATION
COURSES.
  S  3. Subdivision 1 of section 804-a of the education law, as added by
chapter 730 of the laws of 1986, is amended to read as follows:
  1.   Within the  amounts  appropriated,  the  commissioner  is  hereby
authorized  to establish a demonstration program and to distribute state
funds to local  school  districts,  boards  of  cooperative  educational
services  and  in  certain instances community school districts, for the
development, implementation, evaluation, validation,  demonstration  and
replication  of  exemplary  comprehensive  health  education programs to
assist the public schools in developing curricula, training  staff,  and
addressing local health education needs of students, parents, and staff.
SUCH  PROGRAMS  SHALL  SERVE  THE  PURPOSE  OF  DEVELOPING AND ENHANCING
PUPILS' HEALTH KNOWLEDGE, SKILLS,  ATTITUDES  AND  BEHAVIORS,  WHICH  IS
FUNDAMENTAL  TO  IMPROVING THEIR HEALTH STATUS AND ACADEMIC PERFORMANCE,
AS WELL AS REDUCING  THE  INCIDENCE  OF  ADOLESCENT  PREGNANCY,  ALCOHOL
ABUSE,  TOBACCO ABUSE, TRUANCY, SUICIDE, SUBSTANCE ABUSE, OBESITY, ASTH-
MA, OTHER CHRONIC RESPIRATORY DISEASES, AND OTHER PROBLEMS OF  CHILDHOOD
AND ADOLESCENCE.
  S  4. Section 813 of the education law, as added by chapter 296 of the
laws of 1994, is amended to read as follows:
  S 813. School lunch period; scheduling.  Each school shall schedule  a
reasonable time DURING EACH SCHOOL DAY for each full day pupil attending
pre-kindergarten  through  grade twelve WITH AMPLE TIME to consume lunch
AND TO ENGAGE IN PHYSICAL EXERCISE OR RECREATION.
  S 5. This act shall take effect immediately.

                                 PART P

  Section 1. Section 11 of the public buildings law, as added by chapter
819 of the laws of 1987 and subdivision 2 as amended by chapter  126  of
the laws of 1988, is amended to read as follows:
  S 11. Pilot  program  of  bicycle parking facilities.   1. Legislative
finding. In recognition of the role which bicycles can serve as a  valu-
able  transportation  mode  with  energy  conservation, health, PHYSICAL
FITNESS and environmental benefits, it is  hereby  declared  to  be  the
policy of the state that provision for adequate and safe bicycle facili-
ties including the use of present facilities for safe and secure bicycle
parking  AND  STORAGE  be  included  in the planning [and], development,
CONSTRUCTION OR RECONSTRUCTION of all state facilities.
  2. (a) The commissioner of general services shall undertake a  [pilot]
program for THE provision and promotion of safe and secure bicycle park-
ing  facilities  at state office buildings FOR STATE EMPLOYEES AND VISI-
TORS AT SUCH BUILDINGS. The commissioner[, within one year of the enact-

S. 1668                            21

ment of this  section,]  OF  GENERAL  SERVICES  shall  provide,  at  the
principal  office  buildings  under  his  OR  HER superintendence at the
Nelson A. Rockefeller Empire State Plaza in Albany[, New  York],  secure
bicycle parking facilities for use by employees and visitors.  PROVIDED,
FURTHER,  THAT THE COMMISSIONER OF GENERAL SERVICES SHALL MAKE AN INVEN-
TORY OF ALL EXISTING BICYCLE PARKING AND STORAGE FACILITIES AT ALL STATE
OFFICE BUILDINGS AND OFFICE BUILDINGS IN WHICH THE STATE LEASES OR OCCU-
PIES SPACE. SUCH INVENTORY SHALL BE MADE ONLY OF STATE OWNED  OR  LEASED
BUILDINGS  OR  OFFICES  WHICH HAVE OVER FIFTY STATE EMPLOYEES LOCATED AT
SUCH SITE OR IN WHICH THE VISITATION RATE BY THE GENERAL PUBLIC IS  OVER
FIVE HUNDRED VISITORS, ON AVERAGE, EACH MONTH. SUCH INVENTORY OF BICYCLE
PARKING  AND  STORAGE  FACILITIES SHALL BE COMPLETED WITHIN TWO YEARS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  FIFTEEN
WHICH AMENDED THIS SECTION.
  (b)  The commissioner OF GENERAL SERVICES is also authorized, within a
reasonable period and where feasible, to provide suitable support facil-
ities including clothing lockers, showers and changing  facilities,  and
to charge a reasonable use fee.
  (c) For the purpose of this section, the term "bicycle parking facili-
ty"  means a device or enclosure, located within a building or installa-
tion, or conveniently  adjacent  thereto,  that  is  easily  accessible,
clearly  visible  and  so  located as to minimize the danger of theft of
bicycles. Such a device shall consist of  a  parking  rack,  locker,  or
other  device constructed to enable the frame and both wheels of a bicy-
cle to be secured with ease by use of a padlock in a  manner  that  will
minimize  the  risk of theft, or an enclosure which limits access to the
bicycles and is under observation by an attendant.
  3. UPON COMPLETION OF A STATE  OFFICE  BUILDING  BICYCLE  PARKING  AND
STORAGE  FACILITIES  INVENTORY PROVIDED FOR IN PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL
DEVELOP  A  PLAN  TO  EXPAND  BICYCLE  PARKING AND STORAGE FACILITIES TO
ENCOURAGE THE USE OF SUCH FACILITIES BY STATE EMPLOYEES AND THE  GENERAL
PUBLIC  THAT  PATRONIZE SUCH FACILITIES TO CONDUCT PUBLIC BUSINESS. SUCH
PLAN SHALL BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER FINALIZATION OF THE
PARKING AND STORAGE FACILITIES INVENTORY. SUCH PLAN  SHALL  CONTAIN  AND
ADDRESS  THE  FOLLOWING  ELEMENTS  TO  ENCOURAGE STATE EMPLOYEES AND THE
GENERAL PUBLIC TO USE BICYCLES MORE  FREQUENTLY  AT  EACH  STATE  OFFICE
BUILDING FACILITY OR LEASED PREMISE:
  (A)  THE  INVENTORY OF BICYCLE PARKING AND STORAGE FACILITIES SHALL BE
RANKED FROM HIGHEST TO LOWEST BASED ON THE EXISTING  UNFULFILLED  DEMAND
FOR  SUCH  FACILITIES AT STATE OFFICE BUILDINGS. SUCH RANKING SHALL ALSO
CONSIDER INCREASED FUTURE DEMAND OR THE POTENTIAL FOR  INCREASED  FUTURE
DEMAND OF SUCH PARKING AND STORAGE FACILITIES;
  (B)  IN  URBAN  SETTINGS,  THERE  SHALL  BE A PLAN TO DEVELOP AN AMPLE
SUPPLY OF SECURE COVERED AND UNCOVERED OFF-STREET  BICYCLE  PARKING  AND
STORAGE OR ALTERNATE INDOOR PARKING OR STORAGE FOR SUCH BICYCLES;
  (C)  ADEQUATE  POSTING  OF SUCH BICYCLE PARKING AND STORAGE FACILITIES
SHALL BE PROVIDED FOR AND  PLACED  AROUND  SUCH  STATE  OFFICE  BUILDING
FACILITY TO ENCOURAGE UTILIZATION OF SUCH PARKING AND STORAGE FACILITIES
BY STATE EMPLOYEES AND THE GENERAL PUBLIC;
  (D)  A  MARKETING PLAN AND COMMUNITY OUTREACH EFFORT SHALL PROVIDE FOR
THE DISSEMINATION OF INFORMATION TO STATE EMPLOYEES, VISITORS  TO  STATE
OFFICE  BUILDINGS, AND TO THE GENERAL PUBLIC TO ENCOURAGE INDIVIDUALS TO
USE BICYCLES WHEN TRAVELING TO SUCH BUILDINGS OR FACILITIES; AND
  (E) THE COMMISSIONER OF GENERAL SERVICES SHALL INCLUDE AND ADDRESS ANY
OTHER ELEMENT IN THE PLAN AS HE OR SHE DEEMS APPROPRIATE.

S. 1668                            22

  4. In undertaking such [pilot] program, the office OF GENERAL SERVICES
shall:  (a) Consult with and cooperate with (i) [the  statewide  bicycle
advisory  council,  (ii)] the [New York state] department of transporta-
tion regional bicycle coordinator[, (iii)]; (II) local bicycle  planning
groups[,];  and  [(iv)]  (III) persons, organizations, and groups served
by, interested in, or concerned with the area under study.
  (b) Request and receive from any department, division, board,  bureau,
commission  or  other  agency  of the state or any political subdivision
thereof or any public authority, any  assistance  and  data  as  may  be
necessary  to  enable  the  office  OF GENERAL SERVICES to carry out its
responsibilities under this section.
  [(c) On or before the first day of January, nineteen  hundred  eighty-
nine,  a  report  shall be submitted to the governor and the legislature
which shall include a determination of usage levels, a statement outlin-
ing first year progress and the elements of a  statewide  plan  for  the
provision of such facilities.]
  5.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE STATE OR
THE OWNER, LESSEE, MANAGER OR OTHER PERSON WHO IS IN CONTROL OF A BUILD-
ING GOVERNED BY THIS SECTION TO PROVIDE SPACE  FOR  STORED  BICYCLES  AT
SUCH BUILDING OR BROUGHT INTO SUCH BUILDING OR TO PERMIT A BICYCLE TO BE
PARKED  IN  A  MANNER  THAT VIOLATES BUILDING OR FIRE CODES OR ANY OTHER
APPLICABLE LAW, RULE OR CODE, OR  WHICH  OTHERWISE  IMPEDES  INGRESS  OR
EGRESS TO SUCH BUILDING.
  6.  THERE  IS  HEREBY  ESTABLISHED  A TEMPORARY BICYCLE COMMUTING TASK
FORCE TO EXAMINE THE DEVELOPMENT OF SHELTERED BICYCLE PARKING IN  PUBLIC
SPACES.
  (A)  SUCH TASK FORCE SHALL BE COMPRISED OF NINE MEMBERS, INCLUDING THE
COMMISSIONER OF GENERAL SERVICES, THE  COMMISSIONER  OF  TRANSPORTATION,
THE COMMISSIONER OF MOTOR VEHICLES, THE COMMISSIONER OF BUILDINGS OF THE
CITY  OF NEW YORK AND THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC
PRESERVATION OR A DESIGNEE OF ANY SUCH COMMISSIONERS. THE REMAINING FOUR
MEMBERS SHALL CONSIST OF A GROUP OF MUNICIPAL PLANNERS, BICYCLE  ASSOCI-
ATION  REPRESENTATIVES,  BUILDING CONTRACTORS AND ENGINEERS.  THEY SHALL
BE APPOINTED AS FOLLOWS: ONE MEMBER SHALL BE APPOINTED BY THE  TEMPORARY
PRESIDENT  OF  THE SENATE; ONE MEMBER SHALL BE APPOINTED BY THE MINORITY
LEADER OF THE SENATE; ONE MEMBER SHALL BE APPOINTED BY  THE  SPEAKER  OF
THE  ASSEMBLY;  AND ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER
OF THE ASSEMBLY.
  (B) THE CHAIR OF THE TEMPORARY BICYCLE COMMUTING TASK FORCE  SHALL  BE
THE  COMMISSIONER  OF GENERAL SERVICES. MEMBERS OF THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL SERVE WITHOUT  COMPENSATION  AND  SHALL  MEET
WHEN DEEMED NECESSARY BY THE CHAIR.
  (C)  WITHIN  EIGHTEEN  MONTHS  OF THE TEMPORARY BICYCLE COMMUTING TASK
FORCE'S ESTABLISHMENT, SUCH TASK FORCE  SHALL  ISSUE  A  REPORT  TO  THE
GOVERNOR  AND  THE  LEGISLATURE.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO (I) AN ASSESSMENT OF THE DEMAND FOR SHELTERED BICYCLE PARKING
IN PUBLIC SPACES; (II) AN EXAMINATION OF  THE  MARKETING  AND  COMMUNITY
OUTREACH  EFFORTS  NEEDED TO ENCOURAGE THE USE OF BICYCLES; (III) RECOM-
MENDATIONS ON ESTABLISHING PARTNERSHIPS WITH ENTITIES TO  DEVELOP  SHEL-
TERED  BICYCLE STORAGE AND PARKING FACILITIES IN PUBLIC SPACES; AND (IV)
SUGGESTIONS ON EXPANDING THE OFFICE OF GENERAL SERVICES TO LOCAL MUNICI-
PAL AND PRIVATE OFFICE BUILDINGS. SUCH REPORT SHALL  BE  POSTED  ON  THE
WEBSITE OF EACH STATE AGENCY THAT WAS A MEMBER OF SUCH TASK FORCE WITHIN
TWENTY  DAYS  FROM ITS SUBMISSION TO THE GOVERNOR. THE TEMPORARY BICYCLE
COMMUTING TASK FORCE SHALL CEASE TO EXIST THREE MONTHS AFTER  THE  ISSU-
ANCE OF ITS REPORT.

S. 1668                            23

  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART Q

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 5-c to read as follows:
  5-C.  COOPERATE WITH THE COMMISSIONER OF EDUCATION, PURSUANT TO SUBDI-
VISION THIRTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, TO
DEVELOP GUIDELINES FOR THE VOLUNTARY IMPLEMENTATION BY SCHOOL  DISTRICTS
AND INSTITUTIONS OF HIGHER EDUCATION, AS DEFINED IN SUBDIVISION EIGHT OF
SECTION  TWO  OF  THE  EDUCATION  LAW,  OF  PROGRAMS WHICH ENCOURAGE THE
DONATION OF EXCESS, UNUSED, EDIBLE FOOD FROM MEALS SERVED AT SUCH EDUCA-
TIONAL FACILITIES TO LOCAL VOLUNTARY FOOD ASSISTANCE PROGRAMS.
  S 2. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 32 to read as follows:
  32. THE COMMISSIONER, IN CONSULTATION AND COOPERATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL DEVELOP VOLUNTARY GUIDELINES TO
ENCOURAGE  AND  FACILITATE  THE  ABILITY  OF SCHOOL DISTRICTS AND INSTI-
TUTIONS OF HIGHER EDUCATION TO DONATE EXCESS, UNUSED, EDIBLE  FOOD  FROM
MEALS  SERVED  AT  SUCH  EDUCATIONAL  FACILITIES TO LOCAL VOLUNTARY FOOD
ASSISTANCE PROGRAMS  INCLUDING,  BUT  NOT  LIMITED  TO,  COMMUNITY  FOOD
PANTRIES,  SOUP  KITCHENS, AND OTHER COMMUNITY AND NOT-FOR-PROFIT ORGAN-
IZATIONS THAT DISTRIBUTE FOOD TO THE POOR AND DISADVANTAGED.
  SUCH GUIDELINES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
  A. A METHODOLOGY TO PROVIDE INFORMATION  TO  EDUCATIONAL  INSTITUTIONS
AND  LOCAL  VOLUNTARY FOOD ASSISTANCE PROGRAMS OF THE PROVISIONS OF SUCH
GUIDELINES;
  B. A MEANS BY WHICH EDUCATIONAL INSTITUTIONS  ARE  PROVIDED  WITH  THE
NAMES  AND  ADDRESSES  OF  ALL  NEARBY  LOCAL  VOLUNTARY FOOD ASSISTANCE
PROGRAMS;
  C. A MEANS BY WHICH  LOCAL  VOLUNTARY  FOOD  ASSISTANCE  PROGRAMS  ARE
PROVIDED WITH THE NAMES AND ADDRESSES OF NEARBY EDUCATIONAL INSTITUTIONS
WHICH SERVE MEALS UPON THEIR PREMISES;
  D.  NOTIFICATION TO EDUCATIONAL INSTITUTIONS OF THEIR ABILITY TO ELECT
TO DONATE EXCESS, UNUSED, EDIBLE FOOD TO LOCAL VOLUNTARY FOOD ASSISTANCE
PROGRAMS; AND
  E. THE PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE ON THE MANNER
OF HOW TO BEST DONATE EXCESS FOOD IN A SAFE AND SANITARY MANNER.
  THE COMMISSIONER SHALL COORDINATE THE IMPLEMENTATION  OF  SUCH  GUIDE-
LINES  WITH  THE FARM-TO-SCHOOL PROGRAM AND THE NEW YORK HARVEST FOR NEW
YORK KIDS WEEK PROGRAM ESTABLISHED PURSUANT  TO  SUBDIVISION  FIVE-B  OF
SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART R

  Section  1. Section 3231 of the insurance law, as added by chapter 501
of the laws of 1992, is amended by adding a new subsection (c-1) to read
as follows:
  (C-1) SUBJECT TO THE APPROVAL OF THE  SUPERINTENDENT,  AN  INSURER  OR
HEALTH  MAINTENANCE  ORGANIZATION  ISSUING AN INDIVIDUAL OR GROUP HEALTH
INSURANCE POLICY PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY
APPROPRIATE REDUCTION IN PREMIUM RATES OR OTHER BENEFITS OR ENHANCEMENTS
APPROVED BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S  OR  INSURED'S

S. 1668                            24

ACTIVE  PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED WELL-
NESS PROGRAM CAN BE A RISK MANAGEMENT  SYSTEM  THAT  IDENTIFIES  AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH  HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND WELL-BE-
ING, HELPS TO PREVENT OR MITIGATE THE CONDITIONS  OF  ACUTE  OR  CHRONIC
SICKNESS,  DISEASE  OR  PAIN,  OR  WHICH MINIMIZES ADVERSE HEALTH CONSE-
QUENCES DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR  ALL
OF  THE  FOLLOWING  ELEMENTS  TO  ADVANCE THE PHYSICAL HEALTH AND MENTAL
WELL-BEING OF ITS PARTICIPANTS:
  (1) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-
CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES  UNHEALTHY  LIVING  ACTIV-
ITIES.  SUCH  ACTIVITIES  OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED  THIRTY-NINE  OF  THIS
ARTICLE; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR  HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN  THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL  NOT  REQUIRE  SPECIFIC
OUTCOMES  AS  A  RESULT  OF  AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
  S 2. Subsections (b) and (c) of section 3239 of the insurance law,  as
added  by  chapter  592  of  the  laws  of  2008,  paragraphs 6 and 7 of
subsection  (b)  and  subparagraphs  (C)  and  (D)  of  paragraph  2  of
subsection (c) as amended, and paragraph 8 of subsection (b) and subpar-
agraphs (E) and (F) of paragraph 2 of subsection (c) as added by chapter
519 of the laws of 2013, are amended to read as follows:
  (b) A wellness program may include, but is not limited to, the follow-
ing programs or services:
  (1) the use of a health risk assessment tool;
  (2) a smoking cessation program;
  (3) a weight management program;
  (4) a stress AND/OR HYPERTENSION management program;
  (5) a worker injury prevention program;
  (6) a nutrition education program;
  (7) health or fitness incentive programs; [and]
  (8)  a coordinated weight management, nutrition, stress management and
physical fitness program to combat  the  high  incidence  of  adult  and
childhood obesity, asthma and other chronic respiratory conditions[.];
  (9) A SUBSTANCE OR ALCOHOL ABUSE CESSATION PROGRAM; AND
  (10) A PROGRAM TO MANAGE AND COPE WITH CHRONIC PAIN.
  (c)(1)  A  wellness program may use rewards and incentives for partic-
ipation provided  that  where  the  group  health  insurance  policy  or
subscriber  contract  is required to be community-rated, the rewards and
incentives shall not include a discounted premium rate or  a  rebate  or
refund  of  premium,  EXCEPT  AS  PROVIDED IN SECTION THREE THOUSAND TWO
HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED

S. 1668                            25

THIRTY-FIVE, FOUR THOUSAND THREE  HUNDRED  SEVENTEEN  OR  FOUR  THOUSAND
THREE  HUNDRED TWENTY-SIX OF THIS CHAPTER, OR SECTION FORTY-FOUR HUNDRED
FIVE OF THE PUBLIC HEALTH LAW.
  (2) Permissible rewards and incentives MAY include:
  (A)  full  or  partial  reimbursement  of the cost of participating in
smoking cessation [or], weight management, STRESS  AND/OR  HYPERTENSION,
WORKER  INJURY  PREVENTION,  NUTRITION  EDUCATION,  SUBSTANCE OR ALCOHOL
ABUSE CESSATION, OR CHRONIC PAIN MANAGEMENT AND COPING programs;
  (B) full or partial reimbursement of  the  cost  of  membership  in  a
health club or fitness center;
  (C) the waiver or reduction of copayments, coinsurance and deductibles
for  preventive  services  covered  under the group policy or subscriber
contract;
  (D) monetary rewards in the form of gift cards or  gift  certificates,
so  long  as the recipient of the reward is encouraged to use the reward
for a product or a service that promotes good health,  such  as  healthy
cook books, over the counter vitamins or exercise equipment;
  (E)  full  or  partial reimbursement of the cost of participating in a
stress management program or activity; and
  (F) full or partial reimbursement of the cost of  participating  in  a
health or fitness program.
  (3)  Where  the  reward  involves a group member's meeting a specified
standard based on a health condition, the wellness program must meet the
requirements of 45 CFR Part 146.
  (4) A reward or incentive which involves a discounted premium rate  or
a  rebate or refund of premium shall be based on actuarial demonstration
that the wellness program can reasonably be expected to  result  in  the
overall  good  health and well being of the group AS PROVIDED IN SECTION
THREE THOUSAND TWO HUNDRED THIRTY-ONE OF  THIS  ARTICLE,  SECTIONS  FOUR
THOUSAND  TWO HUNDRED THIRTY-FIVE, FOUR THOUSAND THREE HUNDRED SEVENTEEN
AND FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THIS CHAPTER, AND  SECTION
FORTY-FOUR HUNDRED FIVE OF THE PUBLIC HEALTH LAW.
  S 3. Subsection (h) of section 4235 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
  (5)  EACH  INSURER  DOING BUSINESS IN THIS STATE, WHEN FILING WITH THE
SUPERINTENDENT ITS SCHEDULES OF PREMIUM RATES, RULES AND  CLASSIFICATION
OF  RISKS  FOR  USE  IN  CONNECTION WITH THE ISSUANCE OF ITS POLICIES OF
GROUP ACCIDENT, GROUP HEALTH OR GROUP ACCIDENT AND HEALTH INSURANCE, MAY
PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION  IN  PREMIUM  RATES  OR
OTHER BENEFITS OR ENHANCEMENTS APPROVED BY THE SUPERINTENDENT TO ENCOUR-
AGE AN ENROLLEE'S OR INSURED'S ACTIVE PARTICIPATION IN A QUALIFIED WELL-
NESS  PROGRAM.  A  QUALIFIED  WELLNESS  PROGRAM CAN BE A RISK MANAGEMENT
SYSTEM THAT IDENTIFIES  AT-RISK  POPULATIONS  OR  ANY  OTHER  SYSTEMATIC
PROGRAM OR COURSE OF MEDICAL CONDUCT WHICH HELPS TO PROMOTE PHYSICAL AND
MENTAL  FITNESS, HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE THE
CONDITIONS OF ACUTE OR CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINI-
MIZES ADVERSE HEALTH CONSEQUENCES DUE TO LIFESTYLE.    SUCH  A  WELLNESS
PROGRAM  MAY  HAVE  SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE
PHYSICAL HEALTH AND MENTAL WELL-BEING OF ITS PARTICIPANTS:
  (A) AN EDUCATION PROGRAM TO INCREASE  THE  AWARENESS  OF  AND  DISSEM-
INATION  OF  INFORMATION  ABOUT PURSUING HEALTHIER LIFESTYLES, AND WHICH
WARNS ABOUT RISKS OF PURSUING  ENVIRONMENTAL  OR  BEHAVIORAL  ACTIVITIES
THAT  ARE  DETRIMENTAL  TO HUMAN HEALTH. IN ADDITION, INFORMATION ON THE
AVAILABILITY OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY  IDENTIFI-
CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;

S. 1668                            26

  (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES HEALTHY LIVING ACTIVITIES OR DISCOURAGES  UNHEALTHY  LIVING  ACTIV-
ITIES.    SUCH ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS
PROVIDED UNDER SECTION THREE THOUSAND TWO HUNDRED  THIRTY-NINE  OF  THIS
CHAPTER; AND
  (C) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR  HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN  THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
INSURER OR HEALTH MAINTENANCE ORGANIZATION SHALL  NOT  REQUIRE  SPECIFIC
OUTCOMES  AS  A  RESULT  OF  AN ENROLLEE'S OR INSURED'S ADHERENCE TO THE
APPROVED WELLNESS PROGRAM.
  S 4. Section 4317 of the insurance law is  amended  by  adding  a  new
subsection (c-1) to read as follows:
  (C-1)  SUBJECT  TO  THE  APPROVAL OF THE SUPERINTENDENT, AN INSURER OR
HEALTH MAINTENANCE ORGANIZATION ISSUING AN INDIVIDUAL  OR  GROUP  HEALTH
INSURANCE  CONTRACT PURSUANT TO THIS SECTION MAY PROVIDE FOR AN ACTUARI-
ALLY APPROPRIATE  REDUCTION  IN  PREMIUM  RATES  OR  OTHER  BENEFITS  OR
ENHANCEMENTS  APPROVED  BY THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S
OR INSURED'S ACTIVE PARTICIPATION IN A  QUALIFIED  WELLNESS  PROGRAM.  A
QUALIFIED  WELLNESS PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT IDENTI-
FIES AT-RISK POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM  OR  COURSE  OF
MEDICAL  CONDUCT  WHICH  HELPS  TO  PROMOTE PHYSICAL AND MENTAL FITNESS,
HEALTH AND WELL-BEING, HELPS TO PREVENT OR MITIGATE  THE  CONDITIONS  OF
ACUTE  OR  CHRONIC SICKNESS, DISEASE OR PAIN, OR WHICH MINIMIZES ADVERSE
HEALTH CONSEQUENCES DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY  HAVE
SOME OR ALL OF THE FOLLOWING ELEMENTS TO ADVANCE THE PHYSICAL HEALTH AND
MENTAL WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
APPROVED WELLNESS PROGRAM.
  S 5. Subsection (m) of section 4326 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
  (4)  APPROVAL  OF THE SUPERINTENDENT, AN INSURER OR HEALTH MAINTENANCE
ORGANIZATION ISSUING A CONTRACT FOR QUALIFYING SMALL EMPLOYERS OR  INDI-
VIDUALS  PURSUANT  TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY APPRO-

S. 1668                            27

PRIATE REDUCTION IN PREMIUM RATES  OR  OTHER  BENEFITS  OR  ENHANCEMENTS
APPROVED  BY  THE SUPERINTENDENT TO ENCOURAGE AN ENROLLEE'S OR INSURED'S
ACTIVE PARTICIPATION IN A QUALIFIED WELLNESS PROGRAM. A QUALIFIED  WELL-
NESS  PROGRAM  CAN  BE  A RISK MANAGEMENT SYSTEM THAT IDENTIFIES AT-RISK
POPULATIONS OR ANY OTHER SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-
ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS
CHAPTER; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE  AND
MORAL  SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE GENERAL GOOD HEALTH AND WELL-BEING OF THE  COVERED  POPULATION.  THE
INSURER  OR  HEALTH  MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC
OUTCOMES AS A RESULT OF AN ENROLLEE'S  OR  INSURED'S  ADHERENCE  TO  THE
APPROVED WELLNESS PROGRAM.
  S  6. Section 4405 of the public health law is amended by adding a new
subdivision 5-a to read as follows:
  5-A. SUBJECT TO  THE  APPROVAL  OF  THE  SUPERINTENDENT  OF  FINANCIAL
SERVICES, THE POSSIBLE PROVIDING OF AN ACTUARIALLY APPROPRIATE REDUCTION
IN  PREMIUM  RATES  OR  OTHER  BENEFITS  OR ENHANCEMENTS APPROVED BY THE
SUPERINTENDENT OF FINANCIAL SERVICES TO ENCOURAGE AN  ENROLLEE'S  ACTIVE
PARTICIPATION  IN  A  QUALIFIED  WELLNESS  PROGRAM. A QUALIFIED WELLNESS
PROGRAM CAN BE A RISK MANAGEMENT SYSTEM THAT  IDENTIFIES  AT-RISK  POPU-
LATIONS  OR  ANY  OTHER  SYSTEMATIC PROGRAM OR COURSE OF MEDICAL CONDUCT
WHICH HELPS TO PROMOTE PHYSICAL AND MENTAL FITNESS, HEALTH AND  WELL-BE-
ING,  HELPS  TO  PREVENT  OR MITIGATE THE CONDITIONS OF ACUTE OR CHRONIC
SICKNESS, DISEASE OR PAIN, OR  WHICH  MINIMIZES  ADVERSE  HEALTH  CONSE-
QUENCES  DUE TO LIFESTYLE.  SUCH A WELLNESS PROGRAM MAY HAVE SOME OR ALL
OF THE FOLLOWING ELEMENTS TO ADVANCE  THE  PHYSICAL  HEALTH  AND  MENTAL
WELL-BEING OF ITS PARTICIPANTS:
  (1)  AN  EDUCATION  PROGRAM  TO  INCREASE THE AWARENESS OF AND DISSEM-
INATION OF INFORMATION ABOUT PURSUING HEALTHIER  LIFESTYLES,  AND  WHICH
WARNS  ABOUT  RISKS  OF  PURSUING ENVIRONMENTAL OR BEHAVIORAL ACTIVITIES
THAT ARE DETRIMENTAL TO HUMAN HEALTH. IN ADDITION,  INFORMATION  ON  THE
AVAILABILITY  OF HEALTH SCREENING TESTS TO ASSIST IN THE EARLY IDENTIFI-
CATION AND TREATMENT OF DISEASES SUCH AS CANCER, HEART  DISEASE,  HYPER-
TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
  (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
AGES  HEALTHY  LIVING  ACTIVITIES OR DISCOURAGES UNHEALTHY LIVING ACTIV-

S. 1668                            28

ITIES. SUCH ACTIVITIES OR PRACTICES MAY INCLUDE  WELLNESS  PROGRAMS,  AS
PROVIDED  UNDER  SECTION  THREE  THOUSAND TWO HUNDRED THIRTY-NINE OF THE
INSURANCE LAW; AND
  (3) THE MONITORING OF THE PROGRESS OF EACH COVERED PERSON TO TRACK HIS
OR  HER ADHERENCE TO SUCH WELLNESS PROGRAM AND TO PROVIDE ASSISTANCE AND
MORAL SUPPORT TO SUCH COVERED PERSON TO ASSIST HIM OR HER TO ATTAIN  THE
GOALS OF THE COVERED PERSON'S WELLNESS PROGRAM.
  SUCH WELLNESS PROGRAM SHALL DEMONSTRATE ACTUARIALLY THAT IT ENCOURAGES
THE  GENERAL  GOOD  HEALTH AND WELL-BEING OF THE COVERED POPULATION. THE
HEALTH MAINTENANCE ORGANIZATION SHALL NOT REQUIRE SPECIFIC OUTCOMES AS A
RESULT OF AN ENROLLEE'S ADHERENCE TO THE APPROVED WELLNESS PROGRAM;
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that,  effective  immediately  any
rules  and regulations necessary to implement the provisions of this act
on its effective date are authorized and directed to be  added,  amended
and/or repealed on or before such date.
  S  3.  Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  4.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through R of this act shall  be
as specifically set forth in the last section of such Parts.