NY State Senate Bill 2019-S499B

Archive: Last Bill Status - In Senate Committee Health Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
May 21, 2019	reported and committed to finance
May 10, 2019	print number 499b
May 10, 2019	amend (t) and recommit to health
Mar 13, 2019	print number 499a
Mar 13, 2019	amend and recommit to health
Jan 09, 2019	referred to health

Votes

- May 21, 2019 - Health Committee Vote
  S499B
  
  12
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 21, 2019
      
      aye (12)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Little
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      aye wr (3)
      
      Antonacci
      
      Gallivan
      
      Metzger

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S499 - Details

See Assembly Version of this Bill:: A7687
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9131

2019-S499 - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499 - Sponsor Memo

                                
 
BILL NUMBER: S499

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, the insurance
law, the social services law and the public housing law, in relation to
elevated lead levels in children

 
PURPOSE:

To establish a comprehensive system of preventive measures that address
instances of elevated blood lead levels in all children.

 
SUMMARY OF PROVISIONS:

Section 1 proclaims this act to be known as Dakota's Law.

Section 2 changes the definition of elevated blood level for all chil-
dren to 5 micrograms.

Section 3 requires the following to be created and included as part of
the lead poisoning program:

I.Establish a process that allows physicians to record on the statewide
immunization information system when their child-aged patient has
completed a lead screening and/or obtained a blood test for lead

II.Develop, as part of lead screening, a lead exposure risk assessment
questionnaire for children that includes a question asking if a child
has obtained a blood test for lead at the ages of 12 months old and 24
months old

III.Establish a hotline operated by the Department of Health, to serve
as a centralized system fot physicians to report elevated lead levels

Section 4 requires physicians to report cases of elevated blood levels
for all children to the local or state health officer to whom is author-
ized to receive and handle such cases.

Section 5 requires the jurisdictional local or state health departments
to investigate cases of elevated lead levels reported by physicians.
This section also allows jurisdictional local health departments to
request assistance from the state department of health if they do not
have the capacity or resources to conduct the investigations.

Sections 6, 7 and 8 requires insurance companies to provide coverage for
screening and blood tests of children for elevated lead levels.

Section 9 adds screening and blood tests of elevated blood levels in all
children as a covered preventive service under Medicaid.

Section 10 directs the commissioner of the division of housing and
community renewal to promulgate rules, regulations and policies that:

I.Establishes the action level for lead to 5 micrograms of lead per
deciliter of whole blood when identifying elevated blood levels in chil-
dren occupying a dwelling in any public housing projects

II.Requires public housing projects to follow the federal department
housing and urban development's guidance on lead safe housing rule
pertaining to elevated blood levels for public housing, housing choice
voucher, and project-based housing voucher programs

 
JUSTIFICATION:

Dakota's Law will strengthen protocols for parents, guardians, health-
care providers, state and local health officers, and public housing
officials to address signs of lead poisoning in all children proactive-
ly. Currently in New York State, a child is only considered to have
elevated blood lead levels if they are found to have ten micrograms or
more per deciliter of whole blood and are only expected to be tested at
12 and 24 months. According to the World Health Organization, a child
reaching 10 micrograms faces developmental toxicity, or permanent
damage, due to lead exposure. The United States Center for Disease
Control recently changed their "blood lead levels of concern" from 10 to
5 micrograms, so that taking action at 5 micrograms can help families
address the cause of exposure before the permanent effects of this
preventable health condition are realized.

Dakota's Law is conceived by the mother of Dakota, a child living in
NYCHA who experienced increasing blood lead levels throughout her child-
hood. Dakota's mother proactively took her children to the doctor and
asked for the appropriate testing each year. From one year to the next,
Dakota's blood lead levels jumped from 5 micrograms to 45. This has left
Dakota with permanent developmental challenges that affect her educa-
tion. If this bill had been law at the time that Dakota's test indicated
concerning blood lead levels, steps would have been taken to identify
and address the lead exposure in her home before it became detrimental
to her health.

This bill would prompt healthcare professionals, state and local health
officers, and public health officials to take a proactive approach to
prevent permanent damage to a child's health and development from lead
exposure. In particular, under this bill, healthcare providers would
have a reporting mandate to local and state health officers which should
ensure families' homes are inspected and that the source of the exposure
is eliminated before a child's blood lead levels are permanently detri-
mental to their health- Additionally, there is a recommendation to the
Advisory Council on Lead Poisoning Prevention to develop a mechanism for
health care providers to report results of lead tests through the New
York State Immunization System and to create a hotline for healthcare
providers throughout the state to report elevated blood lead levels.
This is important because there should be recorded status of a child's
blood lead levels, especially at the very early stages of a child begin-
ning their education, and so that healthcare providers can alert health
officers easily.

This bill codifies the elevated blood lead levels throughout state law
at the lower level of concern and provides that lead screening and test-
ing be available to all children by expanding parameters for Medicaid
coverage in New York State to include these preventive services. This
bill also uraes the Advisory Council on Lead Poisoning Prevention to
recommend private health insurances to also include lead screenings and
testing as preventive services for children of all ages. Since lead can
be hard to detect in their environment, children need to be screened and
tested throughout the critical first years of brain and body development
and ensure that the first signs of lead exposure are addressed, rather
than waiting until their blood lead levels are damaging. All children
and their families should have access to these services so that we can
eradicate sources of lead exposure and poisoning.

Children are exposed through breathing in or ingesting lead paint or
other materials, including lead dust in their environment, and younger
children face increased risks of elevated blood lead levels since their
bodies are still developing, specifically their neurological and diges-
tive systems, making them more susceptible to absorption of this toxic
material. Young children are more vulnerable to lead exposure and more
likely to develop permanent damage if exposed, including developmental
delay, learning difficulties, hearing loss, seizures, loss of appetite,
and irritability. Older children who display these symptoms deserve
access to testing to address the exposure they encountered and to assess
any educational needs they need after being left undiagnosed. This bill
seeks to ensure all children are tested, especially when they are most
at risk, and to mandate reporting of elevated blood levels early to
prevent unnecessary lead paint exposure and poisoning in the State of
New York.

 
LEGISLATIVE HISTORY:

2017-2018: S9131

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S499 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    499
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN  ACT  to  amend  the public health law, the insurance law, the social
   services law and the public housing law, in relation to elevated  lead
   levels in children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   § 2. Subdivision 6 of section  1370  of  the  public  health  law,  as
 amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
 follows:
   6. "Elevated lead levels" means a blood lead  level  greater  than  or
 equal  to  [ten] FIVE micrograms of lead per deciliter of whole blood or
 such LOWER blood lead level as may  be  established  by  the  department
 pursuant to rule or regulation.
   §  3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
 and (g) are added to read as follows:
   (c) establish a statewide registry of lead levels of children provided
 such information is maintained as confidential except for (i) disclosure
 for  medical  treatment  purposes;  (ii)  disclosure  of non-identifying
 epidemiological data; and (iii)  disclosure  of  information  from  such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d)  develop  and  implement  public  education and community outreach
 programs on lead exposure, detection and risk reduction[.];
   (E) ESTABLISH A PROCESS THAT ALLOWS PHYSICIANS TO RECORD WHEN A  CHILD
 UNDER  SUCH  PHYSICIAN'S  CARE  HAS  COMPLETED  A  LEAD SCREENING AND/OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05593-01-9

 S. 499                              2
 
 OBTAINED A BLOOD TEST FOR LEAD TO THE STATEWIDE IMMUNIZATION INFORMATION
 SYSTEM ESTABLISHED BY SECTION TWENTY-ONE  HUNDRED  SIXTY-EIGHT  OF  THIS
 CHAPTER;
   (F)  ADD A QUESTION TO THE LEAD EXPOSURE RISK ASSESSMENT QUESTIONNAIRE
 FOR CHILDREN WHICH SHALL INCLUDE A QUESTION  ASKING  IF  THE  CHILD  HAS
 OBTAINED  A  BLOOD  TEST  FOR  LEAD AT THE AGES OF TWELVE MONTHS OLD AND
 TWENTY-FOUR MONTHS OLD; AND
   (G) ESTABLISH A HOTLINE, TO BE OPERATED BY THE DEPARTMENT, TO SERVE AS
 A CENTRALIZED SYSTEM FOR PHYSICIANS TO REPORT ELEVATED  LEAD  LEVELS  AS
 REQUIRED  PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-E OF THIS TITLE.
 THE DEPARTMENT SHALL UTILIZE THE INFORMATION REPORTED TO SUCH HOTLINE TO
 NOTIFY THE APPROPRIATE LOCAL OR STATE HEALTH OFFICER  OF  ELEVATED  LEAD
 LEVELS AS REQUIRED TO BE REPORTED PURSUANT TO THIS TITLE.
   §  4.  Subdivision  1  of  section 1370-e of the public health law, as
 added by chapter 485 of the laws of 1992, is amended to read as follows:
   1. Every physician or authorized practitioner  shall  give  notice  of
 elevated lead levels [as specified by the commissioner pursuant to regu-
 lation,]  OF FIVE MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD to the
 health officer of the  health  district  wherein  the  patient  resides,
 except as otherwise provided.
   §  5. Section 1373 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. (A) THE COMMISSIONER OR  THEIR  REPRESENTATIVE  SHALL  REQUIRE  THE
 JURISDICTIONAL  LOCAL OR STATE HEALTH DEPARTMENT TO INVESTIGATE CASES OF
 ELEVATED LEAD LEVELS, AS DEFINED IN SUBDIVISION SIX OF SECTION  THIRTEEN
 HUNDRED  SEVENTY  OF  THIS  TITLE,  THAT ARE REPORTED BY PHYSICIANS TO A
 LOCAL OR STATE HEALTH  OFFICER  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SEVENTY-E OF THIS TITLE.
   (B)  A  JURISDICTIONAL  LOCAL HEALTH DEPARTMENT MAY REQUEST ASSISTANCE
 FROM THE STATE DEPARTMENT OF HEALTH TO  INVESTIGATE  CASES  OF  ELEVATED
 LEAD LEVELS IF SUCH JURISDICTIONAL LOCAL HEALTH DEPARTMENT DOES NOT HAVE
 THE  CAPACITY  AND/OR  RESOURCES  TO  INVESTIGATE SUCH CASES AS REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) FOR THE PURPOSES OF THIS  SUBDIVISION,  "JURISDICTIONAL  LOCAL  OR
 STATE HEALTH DEPARTMENT" SHALL MEAN THE LOCAL OR STATE HEALTH DEPARTMENT
 OF  THE  LOCAL  OR  STATE  HEALTH  OFFICER WHOM A PHYSICIAN HAS REPORTED
 ELEVATED LEAD LEVELS TO PURSUANT TO SECTION THIRTEEN  HUNDRED  SEVENTY-E
 OF THIS TITLE.
   § 6. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 35 to read as follows:
   (35)  EVERY  INSURER ISSUING A POLICY OF ACCIDENT AND HEALTH INSURANCE
 FOR DELIVERY IN THIS STATE SHALL  PROVIDE  COVERAGE  FOR  SCREENING  AND
 BLOOD  TESTS  OF  CHILDREN FOR ELEVATED LEAD LEVELS. FOR THE PURPOSES OF
 THIS PARAGRAPH, "ELEVATED LEAD LEVELS" SHALL HAVE THE  SAME  MEANING  AS
 SET  FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED SEVENTY OF THE
 PUBLIC HEALTH LAW.
   § 7. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) EVERY GROUP OR BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
 THIS STATE WHICH PROVIDES HOSPITAL, SURGICAL OR MEDICAL  COVERAGE  SHALL
 PROVIDE  COVERAGE FOR SCREENING AND BLOOD TESTS OF CHILDREN FOR ELEVATED
 LEAD LEVELS. FOR THE PURPOSES OF THIS PARAGRAPH, "ELEVATED LEAD  LEVELS"
 SHALL  HAVE  THE SAME MEANING AS SET FORTH IN SUBDIVISION SIX OF SECTION
 THIRTEEN HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 8. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:

 S. 499                              3
 
   (SS)  EVERY  MEDICAL  EXPENSE  INDEMNITY CORPORATION, HOSPITAL SERVICE
 CORPORATION AND HEALTH SERVICE CORPORATION WHICH PROVIDES  COVERAGE  FOR
 MEDICAL,  SURGICAL  OR  MAJOR  MEDICAL  CARE  SHALL PROVIDE COVERAGE FOR
 SCREENING AND BLOOD TESTS OF CHILDREN FOR ELEVATED LEAD LEVELS. FOR  THE
 PURPOSES  OF  THIS PARAGRAPH, "ELEVATED LEAD LEVELS" SHALL HAVE THE SAME
 MEANING AS SET FORTH IN SUBDIVISION  SIX  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY OF THE PUBLIC HEALTH LAW.
   §  9.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (ff) to read as follows:
   (FF) SCREENING AND BLOOD TESTS OF CHILDREN FOR ELEVATED  LEAD  LEVELS.
 FOR  THE  PURPOSES OF THIS PARAGRAPH, ELEVATED LEAD LEVELS MEANS A BLOOD
 LEAD LEVEL GREATER THAN OR EQUAL TO FIVE MICROGRAMS OF LEAD PER  DECILI-
 TER OF WHOLE BLOOD.
   § 10. Subdivision 4 of section 14 of the public housing law is amended
 by adding a new paragraph (e) to read as follows:
   (E)  THE  COMMISSIONER, THEIR COUNSEL OR ANY OTHER OFFICER OR EMPLOYEE
 OF THE DIVISION SPECIALLY DESIGNATED BY THE COMMISSIONER  SHALL  PROMUL-
 GATE RULES, REGULATIONS AND POLICIES WHICH:
   (I)  SET  THE  ACTION  LEVEL  FOR  LEAD TO FIVE MICROGRAMS OF LEAD PER
 DECILITER OF WHOLE BLOOD WHEN IDENTIFYING ELEVATED BLOOD LEAD LEVELS  OF
 CHILDREN OCCUPYING A DWELLING IN PUBLIC HOUSING; AND
   (II)  REQUIRE PROJECTS TO FOLLOW THE FEDERAL DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT'S GUIDANCE ON LEAD SAFE  HOUSING  RULE  PERTAINING  TO
 ELEVATED  BLOOD  LEVELS  FOR THE PUBLIC HOUSING, HOUSING CHOICE VOUCHER,
 AND PROJECT-BASED VOUCHER PROGRAMS.
   § 11. This act shall take effect immediately.

co-Sponsors

2019-S499A - Details

See Assembly Version of this Bill:: A7687
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9131

2019-S499A - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499A - Sponsor Memo

                                
 
BILL NUMBER: S499A          REVISED 03/13/19

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, the insurance
law, the social services law and the public housing law, in relation to
elevated lead levels in children

 
PURPOSE:

To establish a comprehensive system of preventive measures that address
instances of elevated blood lead levels in all children

 
SUMMARY OF PROVISIONS:

Section 1 proclaims this act to be known as Dakota's Law.

Section 2 changes the definition of elevated blood level for all chil-
dren to 5 micrograms.

Section 3 provides that, within 6 months after the date on which the
U.S. Department of Health and Human Services has published guidance

recommending a lower concentration of lead in blood than the concen-
tration established pursuant to § 1 of the bill as a reference level for
public health responses, the Department shall publish a notice of
proposed rulemaking to incorporate such guidance into its regulations.

Section 4 requires the following to be created and included as part of
the lead poisoning program:

  I. Establish a process that allows physicians to record on the state-
wide immunization information system when their child-aged patient has
completed a lead screening and/or obtained a blood test for lead

  II. Develop, as part of lead screening, a lead exposure risk assess-
ment questionnaire for children that includes a question asking if a
child has obtained a blood test for lead at the ages of 12 months old
and 24 months old

  III. Establish a hotline operated by the Department of Health, to
serve as a centralized system for physicians to report elevated lead
levels

Section 5 requires physicians or authorized practitioner to report cases
of elevated blood levels for all children to the local or state health
officer to whom is authorized to receive and handle such cases.

Section 6 requires the jurisdictional local or state health departments
to investigate cases of elevated lead levels reported by physicians.

This section also allows jurisdictional local health departments to
request assistance from the state department of health if they do not
have the capacity or resources to conduct such investigations.

Sections 7, 8 and 9 bans insurance companies from charging any annual
deductible or coinsurance fee for such screenings.

Section 10 adds screening and blood tests of elevated blood levels in
all children as a covered preventive service under Medicaid.

Section 11 directs the commissioner of the division of housing and
community renewal to promulgate rules, regulations and policies that:

  I. Establish the action level for lead to 5 micrograms of lead per
deciliter of whole blood when identifying elevated blood levels in chil-
dren occupying a dwelling in any public housing projects.

  II. Requires public housing projects to follow the federal department
housing and urban development's guidance on lead safe housing rule
pertaining to elevated blood levels for public housing, housing choice
voucher, and project-based housing voucher programs.

Section 12 sets the effective date.

 
JUSTIFICATION:

Dakota's Law will strengthen protocols for parents, guardians, health-
care providers, state and local health officers, and public housing
officials to address signs of lead poisoning in all children proactive-
ly.  Currently in New York State, a child is only considered to have
elevated blood lead levels if they are found to have ten micrograms or
more per deciliter of whole blood and are only expected to be tested at
12 and 24 months. According to the World Health Organization, a child
reaching 10 micrograms faces developmental toxicity, or permanent
damage, due to lead exposure. The United States Center for Disease
Control recently changed their "blood lead levels of concern" from 10 to
5 micrograms, so that taking action at 5 micrograms can help families
address the cause of exposure before the permanent effects of this
preventable health condition are realized. Blood test data from 2014
reported by the CDC indicates that over 6000 children in New York City
and almost 2000 children in other parts of the state had blood lead
levels between 5 and 9 micrograms. This bill will improve the State's
efforts to protect children's health and will ensure that any future
changes in the CDC's recommendations receive prompt consideration.

Dakota's Law was written by the mother of Dakota, a child living in
NYCHA who experienced increasing blood lead levels throughout her child-
hood. Dakota's mother proactively took her children to the doctor and
asked for the appropriate testing each year. From one year to the next,
Dakota's blood lead levels jumped from 5 to 45 micrograms.  This has
left Dakota with permanent developmental challenges that affect her
education. If this bill had been law at the time that Dakota's test
indicated concerning blood lead levels, steps would have been taken to
identify and address the lead exposure in her home before it became
detrimental to her health.

This bill would prompt healthcare professionals, state and local health
officers, and public health officials to take a proactive approach to
prevent permanent damage to a child's health and development from lead
exposure. In particular, under this bill, healthcare providers would
have a reporting mandate to local and state health officers which should
ensure families' homes are inspected and that the source of the exposure
is eliminated before a child's blood lead levels are permanently detri-
mental to their health. Additionally, there is a recommendation to the
Advisory Council on Lead Poisoning Prevention to develop a mechanism for
health care providers to report results of lead tests through the New
York State Immunization System and to create a hotline for healthcare
providers throughout the state to report elevated blood lead levels.
This is important because there should be recorded status of a child's
blood lead levels, especially at the very early stages of a child begin-
ning their education, and so that healthcare providers can alert health
officers easily.

This bill codifies the elevated blood lead levels throughout state law
at the lower level of concern and provides that lead screening and test-
ing be available to all children by expanding parameters for Medicaid
coverage in New York State to include these preventive services. This
bill also mandates that no private health insurances charge annual
deductibles or coinsurances on such screenings. All children and their
families should have access to these services so that we can eradicate
sources of lead exposure and poisoning.

Children are exposed through breathing in or ingesting lead paint or
other materials, including lead dust in their environment, and younger
children face increased risks of elevated blood lead levels since their
bodies are still developing, specifically their neurological and diges-
tive systems, making them more susceptible to absorption of this toxic
material. Young children are more vulnerable to lead exposure and more
likely to develop permanent damage if exposed, including developmental
delay, learning difficulties, hearing loss, seizures, loss of appetite,
and irritability. Older children who display these symptoms deserve
access to testing to address the exposure they encountered and to assess
any educational needs they need after being left undiagnosed. This bill
also seeks to ensure all children are tested, especially when they are
most at risk, and to mandate reporting of elevated blood levels early to
prevent unnecessary lead paint exposure and poisoning in the State of
New York.

 
LEGISLATIVE HISTORY:

2018: S9131

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S499A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  499--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  RIVERA,  MAY, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the public health law, the  insurance  law,  the  social
   services  law and the public housing law, in relation to elevated lead
   levels in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   §  2.  Subdivision  6  of  section  1370  of the public health law, as
 amended by chapter 485 of the laws  of  1992,  is  amended  to  read  as
 follows:
   6.  "Elevated  lead  levels"  means a blood lead level greater than or
 equal to [ten] FIVE micrograms of lead per deciliter of whole  blood  or
 such  LOWER  blood  lead  level  as may be established by the department
 pursuant to rule or regulation.
   § 3. The public health law is amended by adding a new  section  1370-f
 to read as follows:
   §  1370-F.  FEDERAL  GUIDANCE  CHANGE INCORPORATION. WITHIN SIX MONTHS
 AFTER THE DATE ON WHICH THE  FEDERAL  DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES  HAS  PUBLISHED  GUIDANCE RECOMMENDING A LOWER CONCENTRATION OF
 LEAD IN BLOOD THAN THE CONCENTRATION ESTABLISHED BY SUBDIVISION  SIX  OF
 SECTION  THIRTEEN  HUNDRED  SEVENTY OF THIS TITLE AS THE REFERENCE LEVEL
 FOR CONDUCTING  AN  ENVIRONMENTAL  INTERVENTION,  THE  DEPARTMENT  SHALL
 PUBLISH A NOTICE OF PROPOSED RULEMAKING INCORPORATING SUCH GUIDANCE INTO
 ITS REGULATIONS.
   §  4. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05593-05-9

 S. 499--A                           2
 
 485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
 and (g) are added to read as follows:
   (c) establish a statewide registry of lead levels of children provided
 such information is maintained as confidential except for (i) disclosure
 for  medical  treatment  purposes;  (ii)  disclosure  of non-identifying
 epidemiological data; and (iii)  disclosure  of  information  from  such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d)  develop  and  implement  public  education and community outreach
 programs on lead exposure, detection and risk reduction[.];
   (E) ESTABLISH A PROCESS THAT ALLOWS PHYSICIANS TO RECORD WHEN A  CHILD
 UNDER  SUCH  PHYSICIAN'S  CARE  HAS  COMPLETED  A  LEAD SCREENING AND/OR
 OBTAINED A BLOOD TEST FOR LEAD TO THE STATEWIDE IMMUNIZATION INFORMATION
 SYSTEM ESTABLISHED BY SECTION TWENTY-ONE  HUNDRED  SIXTY-EIGHT  OF  THIS
 CHAPTER;
   (F)  ADD A QUESTION TO THE LEAD EXPOSURE RISK ASSESSMENT QUESTIONNAIRE
 FOR CHILDREN WHICH SHALL INCLUDE A QUESTION  ASKING  IF  THE  CHILD  HAS
 OBTAINED  A  BLOOD  TEST  FOR  LEAD AT THE AGES OF TWELVE MONTHS OLD AND
 TWENTY-FOUR MONTHS OLD; AND
   (G) ESTABLISH A HOTLINE, TO BE OPERATED BY THE DEPARTMENT, TO SERVE AS
 A CENTRALIZED SYSTEM FOR PHYSICIANS TO REPORT ELEVATED  LEAD  LEVELS  AS
 REQUIRED  PURSUANT  TO SECTION THIRTEEN HUNDRED SEVENTY-E OF THIS TITLE.
 THE DEPARTMENT SHALL UTILIZE THE INFORMATION REPORTED TO SUCH HOTLINE TO
 NOTIFY THE APPROPRIATE LOCAL OR STATE HEALTH OFFICER  OF  ELEVATED  LEAD
 LEVELS AS REQUIRED TO BE REPORTED PURSUANT TO THIS TITLE.
   §  5.  Subdivision  1  of  section 1370-e of the public health law, as
 added by chapter 485 of the laws of 1992, is amended to read as follows:
   1. Every physician or authorized practitioner  shall  give  notice  of
 elevated lead levels [as specified by the commissioner pursuant to regu-
 lation,]  OF FIVE MICROGRAMS OF LEAD PER DECILITER OF WHOLE BLOOD to the
 health officer of the  health  district  wherein  the  patient  resides,
 except as otherwise provided.
   §  6. Section 1373 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. (A) THE COMMISSIONER OR  THEIR  REPRESENTATIVE  SHALL  REQUIRE  THE
 JURISDICTIONAL  LOCAL OR STATE HEALTH DEPARTMENT TO INVESTIGATE CASES OF
 ELEVATED LEAD LEVELS, AS DEFINED IN SUBDIVISION SIX OF SECTION  THIRTEEN
 HUNDRED  SEVENTY  OF  THIS  TITLE,  THAT ARE REPORTED BY PHYSICIANS TO A
 LOCAL OR STATE HEALTH  OFFICER  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SEVENTY-E OF THIS TITLE.
   (B)  A  JURISDICTIONAL  LOCAL HEALTH DEPARTMENT MAY REQUEST ASSISTANCE
 FROM THE STATE DEPARTMENT OF HEALTH TO  INVESTIGATE  CASES  OF  ELEVATED
 LEAD LEVELS IF SUCH JURISDICTIONAL LOCAL HEALTH DEPARTMENT DOES NOT HAVE
 THE  CAPACITY  AND/OR  RESOURCES  TO  INVESTIGATE SUCH CASES AS REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) FOR THE PURPOSES OF THIS  SUBDIVISION,  "JURISDICTIONAL  LOCAL  OR
 STATE HEALTH DEPARTMENT" SHALL MEAN THE LOCAL OR STATE HEALTH DEPARTMENT
 OF  THE  LOCAL  OR  STATE  HEALTH  OFFICER WHOM A PHYSICIAN HAS REPORTED
 ELEVATED LEAD LEVELS TO PURSUANT TO SECTION THIRTEEN  HUNDRED  SEVENTY-E
 OF THIS TITLE.
   § 7. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 35 to read as follows:
   (35) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "ELEVATED LEAD  LEVELS"  SHALL  HAVE

 S. 499--A                           3
 
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 8. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "ELEVATED LEAD  LEVELS"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 9. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS SUBSECTION, "ELEVATED LEAD LEVELS"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 10. Subdivision 2 of section 365-a of the  social  services  law  is
 amended by adding a new paragraph (ff) to read as follows:
   (FF)  SCREENING  AND BLOOD TESTS OF CHILDREN FOR ELEVATED LEAD LEVELS.
 FOR THE PURPOSES OF THIS PARAGRAPH, ELEVATED LEAD LEVELS MEANS  A  BLOOD
 LEAD  LEVEL GREATER THAN OR EQUAL TO FIVE MICROGRAMS OF LEAD PER DECILI-
 TER OF WHOLE BLOOD.
   § 11. Subdivision 4 of section 14 of the public housing law is amended
 by adding a new paragraph (e) to read as follows:
   (E) THE COMMISSIONER SHALL PROMULGATE RULES, REGULATIONS AND  POLICIES
 WHICH:
   (I)  SET  THE  ACTION  LEVEL  FOR  LEAD TO FIVE MICROGRAMS OF LEAD PER
 DECILITER OF WHOLE BLOOD WHEN IDENTIFYING ELEVATED BLOOD LEAD LEVELS  OF
 CHILDREN OCCUPYING A DWELLING IN PUBLIC HOUSING; AND
   (II)  REQUIRE PROJECTS TO FOLLOW THE FEDERAL DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT'S GUIDANCE ON LEAD SAFE  HOUSING  RULE  PERTAINING  TO
 ELEVATED  BLOOD  LEVELS  FOR THE PUBLIC HOUSING, HOUSING CHOICE VOUCHER,
 AND PROJECT-BASED VOUCHER PROGRAMS.
   § 12. This act shall take effect immediately.

co-Sponsors

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2019-S499B (ACTIVE) - Details

See Assembly Version of this Bill:: A7687
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§1370-a & 1373, add §1370-f, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §365-a, Soc Serv L; amd §14, Pub Hous L; amd §383, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S9131

2019-S499B (ACTIVE) - Summary

Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

2019-S499B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S499B               REVISED 05/17/19

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, the insurance
law, the social services law, the public housing law and the executive
law, in relation to elevated lead levels in children

 
PURPOSE:

To establish a comprehensive system of preventive measures that prevent
and address instances of elevated blood lead levels in children.

 
SUMMARY OF PROVISIONS:

Section 1 proclaims this act to be known as Dakota's Law.

Section 2 amends public health law to define residential rental property
and lead safe. It establishes that the owner of any residential rental
property be solely responsible for maintaining it under a lead safe
condition. Additionally, it requires the Department of Health to create
minimum standards for maintenance of lead safe residential rental prop-

erties constructed on or before 1978 that include internal and external
lead surfaces and a time frame for owners to comply with the minimum
maintenance standard.

This section also allows the commissioner, local health officials, and
the commissioner of NYC Department of Health and Mental Hygiene to enter
into an agreement or contract with the local government to inspect and
designate the local authorized enforcement agency to ensure compliance.

This section also allows the commissioner or other officer having juris-
diction to order an abatement of any lead condition and assess fines up
to $2,000 for each violation.

Section 3 requires the following to be included as part of the lead
poisoning program:  - That primary health care providers notify a parent
or guardian of a child at risk of lead exposure of their right to an
inspection - That as a part of each routine well-child visit or at least
once annually, primary health care providers screen or refer each child
between the ages of 6 months old and 6 years old for blood lead screen-
ing - That adds a question to the lead exposure risk assessment ques-
tionnaire for children asking if a child has obtained a blood test annu-
ally for lead between the ages of 12 months old and 6 years old

Section 4 requires the jurisdictional local or state health departments
to investigate cases of elevated lead levels reported by physicians.
This section also allows jurisdictional local health departments to
request assistance from the state department of health if they do not
have the capacity or resources to conduct the investigations.

Sections 5, 6, and 7 require that no insurance company be allowed to
charge an annual deductible or co-pay for screening for the detection of
elevated blood lead levels.

Section 8 adds screening and blood tests of elevated blood levels in all
children as a covered preventive service under Medicaid.

Section 9 directs the commissioner of the division of housing and commu-
nity renewal to promulgate rules, regulations and policies that:
- Establish the action level for lead when identifying elevated blood
levels in children occupying a dwelling in any public housing projects

- Requires public housing projects to follow the federal department
housing and urban development's guidance on lead safe housing rule
pertaining to elevated blood levels for public housing, housing choice
voucher, and project-based housing voucher programs

Section 10 amends the executive law clarifying that the Department of
Health or jurisdictional officer shall administer and enforce the mini-
mum standards for maintenance of lead and time frame to comply, which
shall be supplemental to local law and will not supersede the provisions
of this article.

Section 11 states that this act shall take effect immediately.

 
JUSTIFICATION:

Dakota's Law will strengthen protocols for parents, guardians, health-
care providers, state and local health officers, and housing officials
to address signs of lead poisoning in all children proactively.
Currently in New York State, a child is considered to have elevated
blood lead levels if they are found to have 5 micrograms or more per
deciliter of whole blood but are only expected to be tested at 12 and 24
months. According to the World Health Organization, a child reaching 10
micrograms faces developmental toxicity, or permanent damage, due to
lead exposure. The United States Center for Disease Control recently
changed their "blood lead levels of concern" from 10 to 5 micrograms, so
that taking action at 5 micrograms can help families address the cause
of exposure before the permanent effects of this preventable health
condition are realized. Now that New York State has conformed their laws
to CDC recommendations, we should ensure we create a system where the
state is proactive in exacting preventative measures.

Dakota's Law originated from the mother of Dakota, a child living in a
NYCHA apartment who experienced increasing blood lead levels throughout
her childhood. Dakota's mother took Dakota to the doctor and received
appropriate testing at the required ages, 12- and 24- months old. Upon
changing doctors at age 4, she was offered a lead screening and within
this time frame, Dakota's blood lead levels elevated from 5 micrograms
to 45. This left Dakota with permanent developmental challenges that
affect her education. If this bill had been law at the time, Dakota
would have received a required test at age 3 and steps would have been
taken earlier to identify and address the lead exposure in her home
before it became detrimental to her health.

This bill would prompt healthcare professionals, state and local health
officers, and housing officials to take a proactive approach to prevent
permanent damage to a child's health and development from lead exposure.
In particular, under this bill, healthcare providers would have to annu-
ally screen each child under 6 years old, which would trigger any action
levels set forth to ensure homes are inspected and that the source of
the exposure is eliminated before a child's blood lead levels cause
permanent health damage. Young children are more vulnerable to lead
exposure and more likely to develop permanent damage if exposed, includ-
ing developmental delay, learning difficulties, hearing loss, seizures,
loss of appetite, and irritability. Children are exposed through breath-
ing in or ingesting lead paint or other materials, including lead dust
in their environment, and younger children face increased risks of
elevated blood lead levels since their bodies are still developing,
specifically their neurological and digestive systems, making them more
susceptible to absorption of this toxic material. Since lead can be hard
to detect in their environment, children need to be screened and tested
throughout the critical first years of brain and body development and
ensure that the first signs of lead exposure are addressed, rather than
waiting until their blood lead levels are damaging.

Older children whose exposure or poisoning may have gone undetected also
deserve access to testing to address any exposure they encountered and
to assess any educational needs they need after being left undiagnosed.
This bill would address all of the preventative measures that provide
for lead screening and testing be available for all children in New York
State by expanding parameters for private health insurance coverage and
Medicaid coverage to include these preventive services and to prohibit
any copays and annual deductibles on these services. All children and
their families should have access to these services so that we can
eradicate sources of lead exposure and poisoning and fully grasp its
extent.

 
LEGISLATIVE HISTORY:

2018: S9131

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S499B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  499--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  RIVERA, KENNEDY, MAY, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public health law, the  insurance  law,  the  social
   services  law,  the  public  housing  law  and  the  executive law, in
   relation to elevated lead levels in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Dakota's Law".
   §  2.  The public health law is amended by adding a new section 1370-f
 to read as follows:
   § 1370-F. LEAD  SAFE  RESIDENTIAL  RENTAL  PROPERTIES.  1.    FOR  THE
 PURPOSES OF THIS SECTION:
   (A)  "RESIDENTIAL  RENTAL  PROPERTY"  SHALL  MEAN  A DWELLING WHICH IS
 EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS  OCCUPIED
 AS  THE  HOME,  RESIDENCE OR SLEEPING PLACE OF ONE OR MORE PERSONS OTHER
 THAN THE OWNER'S FAMILY. RESIDENTIAL RENTAL PROPERTY SHALL  NOT  INCLUDE
 SHORT  TERM  RENTAL PROPERTIES DURING WHICH GUESTS DO NOT STAY IN EXCESS
 OF TWENTY-EIGHT DAYS; AND
   (B) "LEAD SAFE" SHALL MEAN ANY RESIDENTIAL RENTAL PROPERTY  THAT:  (I)
 HAS  BEEN  DETERMINED THROUGH A LEAD-BASED PAINT INSPECTION CONDUCTED IN
 ACCORDANCE WITH APPROPRIATE FEDERAL REGULATIONS  NOT  TO  CONTAIN  LEAD-
 BASED  PAINT;  OR  (II)  MEETS  THE MINIMUM STANDARDS SET FORTH IN REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  ESTABLISH-
 ING  MINIMUM  STANDARDS  FOR  THE  MAINTENANCE  OF LEAD SAFE RESIDENTIAL
 RENTAL PROPERTIES. SUCH RULES AND REGULATIONS SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05593-14-9

 S. 499--B                           2
 
   (A) MINIMUM STANDARDS FOR MAINTAINING INTERNAL  AND  EXTERNAL  PAINTED
 SURFACES THAT CONTAIN LEAD-BASED PAINT; AND
   (B)  A  SCHEDULE  BY  WHICH OWNERS OF RESIDENTIAL RENTAL PROPERTY MUST
 IMPLEMENT AND COMPLY WITH SUCH MINIMUM STANDARDS.
   3. IT SHALL BE THE RESPONSIBILITY  OF  AN  OWNER  OF  ANY  RESIDENTIAL
 RENTAL  PROPERTY  TO  MAINTAIN SUCH PROPERTY IN A LEAD SAFE CONDITION IN
 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED  BY  THE  COMMISSIONER
 PURSUANT TO THIS SECTION.
   4.  ALL PAINT ON ANY RESIDENTIAL RENTAL PROPERTY ON WHICH THE ORIGINAL
 CONSTRUCTION WAS COMPLETED PRIOR  TO  JANUARY  FIRST,  NINETEEN  HUNDRED
 SEVENTY-EIGHT,  SHALL  BE PRESUMED TO BE LEAD-BASED PAINT. THIS PRESUMP-
 TION MAY BE OVERCOME BY A CERTIFICATION ISSUED BY A FEDERALLY  CERTIFIED
 LEAD-BASED  PAINT  INSPECTOR OR RISK ASSESSOR THAT THE PROPERTY HAS BEEN
 DETERMINED NOT TO CONTAIN LEAD-BASED PAINT, OR BY SUCH  OTHER  MEANS  AS
 MAY  BE  PRESCRIBED  BY THE RULES AND REGULATIONS ADOPTED BY THE COMMIS-
 SIONER PURSUANT TO THIS SECTION.
   5. THE COMMISSIONER, LOCAL HEALTH OFFICER OF A COUNTY AND, IN THE CITY
 OF NEW YORK, THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF  HEALTH
 AND  MENTAL  HYGIENE,  MAY  ENTER  INTO  AN AGREEMENT OR CONTRACT WITH A
 MUNICIPAL GOVERNMENT REGARDING INSPECTION  OF  THE  LEAD  CONDITIONS  IN
 RESIDENTIAL  RENTAL  PROPERTIES AND SUCH HEALTH DEPARTMENT MAY DESIGNATE
 THE LOCAL HOUSING MAINTENANCE CODE ENFORCEMENT AGENCY IN WHICH THE RESI-
 DENTIAL RENTAL PROPERTY IS LOCATED AS AN AGENCY AUTHORIZED TO ADMINISTER
 AND ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND SUBSEQUENT
 REGULATIONS PURSUANT TO SUBDIVISION  ONE  OF  SECTION  THIRTEEN  HUNDRED
 SEVENTY-FIVE OF THIS TITLE.
   6.  IF  THE COMMISSIONER, OR OTHER OFFICER HAVING JURISDICTION, DETER-
 MINES THAT AN OWNER OF RESIDENTIAL RENTAL PROPERTY IS  IN  VIOLATION  OF
 THIS  SECTION  OR  ANY RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION, THE COMMISSIONER OR OTHER  OFFICER  HAVING  JURISDICTION  SHALL
 HAVE  THE AUTHORITY TO ORDER THE ABATEMENT OF ANY LEAD CONDITION PRESENT
 AT THE RESIDENTIAL RENTAL PROPERTY AND ASSESS FINES NOT  TO  EXCEED  TWO
 THOUSAND DOLLARS FOR EACH VIOLATION.
   §  3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
 public health law, paragraph (c) as amended by section 4 of  part  A  of
 chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
 485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
 and (g) are added to read as follows:
   (c) establish a statewide registry of lead levels of children provided
 such information is maintained as confidential except for (i) disclosure
 for  medical  treatment  purposes;  (ii)  disclosure  of non-identifying
 epidemiological data; and (iii)  disclosure  of  information  from  such
 registry to the statewide immunization information system established by
 section twenty-one hundred sixty-eight of this chapter; [and]
   (d)  develop  and  implement  public  education and community outreach
 programs on lead exposure, detection and risk reduction[.];
   (E) PRIMARY HEALTH CARE PROVIDERS SHALL PROVIDE THE PARENT OR GUARDIAN
 OF EACH CHILD UNDER SIX YEARS  OF  AGE  ANTICIPATORY  GUIDANCE  ON  LEAD
 POISONING  PREVENTION AS PART OF ROUTINE CARE, INCLUDING BUT NOT LIMITED
 TO THEIR RIGHT TO AN INSPECTION IF THE CHILD IS AT RISK  OF  LEAD  EXPO-
 SURE;
   (F) PRIMARY HEALTH CARE PROVIDERS SHALL SCREEN OR REFER EACH CHILD FOR
 BLOOD  LEAD SCREENING BEGINNING AT LEAST SIX MONTHS AND CONTINUING UNTIL
 THE AGE OF SIX AT EACH ROUTINE WELL-CHILD VISIT, OR AT LEAST ANNUALLY IF
 A CHILD HAS NOT HAD ROUTINE WELL-CHILD VISITS; AND

 S. 499--B                           3
 
   (G) ADD A QUESTION TO THE LEAD EXPOSURE RISK ASSESSMENT  QUESTIONNAIRE
 FOR  CHILDREN  WHICH  SHALL  INCLUDE  A QUESTION ASKING IF THE CHILD HAS
 OBTAINED A BLOOD TEST FOR LEAD  ANNUALLY  BETWEEN  THE  AGES  OF  TWELVE
 MONTHS OLD AND SIX YEARS OLD.
   §  4. Section 1373 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. (A) THE COMMISSIONER OR  THEIR  REPRESENTATIVE  SHALL  REQUIRE  THE
 JURISDICTIONAL  LOCAL OR STATE HEALTH DEPARTMENT TO INVESTIGATE CASES OF
 ELEVATED LEAD LEVELS, AS DEFINED IN SUBDIVISION SIX OF SECTION  THIRTEEN
 HUNDRED  SEVENTY  OF  THIS  TITLE,  THAT ARE REPORTED BY PHYSICIANS TO A
 LOCAL OR STATE HEALTH  OFFICER  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED
 SEVENTY-E OF THIS TITLE.
   (B)  A  JURISDICTIONAL  LOCAL HEALTH DEPARTMENT MAY REQUEST ASSISTANCE
 FROM THE STATE DEPARTMENT OF HEALTH TO  INVESTIGATE  CASES  OF  ELEVATED
 LEAD LEVELS IF SUCH JURISDICTIONAL LOCAL HEALTH DEPARTMENT DOES NOT HAVE
 THE  CAPACITY  AND/OR  RESOURCES  TO  INVESTIGATE SUCH CASES AS REQUIRED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) FOR THE PURPOSES OF THIS  SUBDIVISION,  "JURISDICTIONAL  LOCAL  OR
 STATE HEALTH DEPARTMENT" SHALL MEAN THE LOCAL OR STATE HEALTH DEPARTMENT
 OF  THE  LOCAL  OR  STATE  HEALTH  OFFICER WHOM A PHYSICIAN HAS REPORTED
 ELEVATED LEAD LEVELS TO PURSUANT TO SECTION THIRTEEN  HUNDRED  SEVENTY-E
 OF THIS TITLE.
   § 5. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 36 to read as follows:
   (36) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE  POLICY  SHALL  NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
 FOR THE PURPOSES OF THIS PARAGRAPH, "ELEVATED LEAD  LEVELS"  SHALL  HAVE
 THE  SAME  MEANING  AS  SET FORTH IN SUBDIVISION SIX OF SECTION THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   § 6. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE POLICY SHALL NOT BE SUBJECT TO ANNUAL  DEDUCTIBLES  OR  COINSURANCE.
 FOR  THE  PURPOSES  OF THIS PARAGRAPH, "ELEVATED LEAD LEVELS" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SUBDIVISION  SIX  OF  SECTION  THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   §  7.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS) SCREENING FOR THE DETECTION OF ELEVATED LEAD LEVELS COVERED UNDER
 THE POLICY SHALL NOT BE SUBJECT TO ANNUAL  DEDUCTIBLES  OR  COINSURANCE.
 FOR  THE  PURPOSES OF THIS SUBSECTION, "ELEVATED LEAD LEVELS" SHALL HAVE
 THE SAME MEANING AS SET FORTH IN SUBDIVISION  SIX  OF  SECTION  THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   §  8.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (gg) to read as follows:
   (GG) SCREENING AND BLOOD TESTS OF CHILDREN FOR ELEVATED  LEAD  LEVELS.
 FOR  THE PURPOSES OF THIS PARAGRAPH, ELEVATED LEAD LEVELS SHALL HAVE THE
 SAME DEFINITION AS SET FORTH IN  SUBDIVISION  SIX  OF  SECTION  THIRTEEN
 HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   §  9. Subdivision 4 of section 14 of the public housing law is amended
 by adding a new paragraph (e) to read as follows:
   (E) THE COMMISSIONER SHALL PROMULGATE RULES, REGULATIONS AND  POLICIES
 WHICH:
   (I)  SET  THE  ACTION  LEVEL FOR LEAD TO THE LEVEL DEFINED AS ELEVATED
 LEAD LEVELS IN SUBDIVISION SIX OF SECTION THIRTEEN  HUNDRED  SEVENTY  OF

 S. 499--B                           4
 
 THE  PUBLIC  HEALTH  LAW  WHEN IDENTIFYING ELEVATED BLOOD LEAD LEVELS OF
 CHILDREN OCCUPYING A DWELLING IN PUBLIC HOUSING; AND
   (II)  REQUIRE PROJECTS TO FOLLOW THE FEDERAL DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT'S GUIDANCE ON LEAD SAFE  HOUSING  RULE  PERTAINING  TO
 ELEVATED  BLOOD  LEVELS  FOR THE PUBLIC HOUSING, HOUSING CHOICE VOUCHER,
 AND PROJECT-BASED VOUCHER PROGRAMS.
   § 10. Subdivision 1 of section 383 of the executive law is amended  by
 adding a new paragraph d to read as follows:
   D.  THE REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH PURSUANT
 TO SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED SEVENTY-F OF  THE  PUBLIC
 HEALTH  LAW  (I) SHALL NOT BE SUPERSEDED BY THE PROVISIONS OF THIS ARTI-
 CLE, BY THE PROVISIONS OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE,
 OR BY THE PROVISIONS OF THE BUILDING AND FIRE PREVENTION CODES IN EFFECT
 IN A CITY WITH A POPULATION OF OVER ONE MILLION; (II) SHALL BE  APPLICA-
 BLE  IN  ADDITION  TO, AND NOT IN SUBSTITUTION FOR OR LIMITATION OF, THE
 PROVISIONS OF THE UNIFORM FIRE PREVENTION  AND  BUILDING  CODE  AND  THE
 PROVISIONS  OF  BUILDING  AND  FIRE PREVENTION CODES IN EFFECT IN CITIES
 WITH A POPULATION OF OVER ONE MILLION; AND (III) SHALL  BE  ADMINISTERED
 AND  ENFORCED BY THE COMMISSIONER OF HEALTH, THE LOCAL HEALTH OFFICER OF
 A COUNTY, THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF HEALTH AND
 MENTAL HYGIENE, OR A MUNICIPAL GOVERNMENT ENTERING INTO AN AGREEMENT  OR
 CONTRACT  AUTHORIZED  BY  SUBDIVISION  FIVE  OF SECTION THIRTEEN HUNDRED
 SEVENTY-F OF THE PUBLIC HEALTH LAW,  IN  THE  MANNER  PROVIDED  IN  SAID
 SUBDIVISION.
   § 11. This act shall take effect immediately.

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Senate Bill S499B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

May 21, 2019 - Health Committee Vote

Health Committee Vote: May 21, 2019

Bill Amendments

co-Sponsors

2019-S499 - Details

2019-S499 - Summary

2019-S499 - Sponsor Memo

2019-S499 - Bill Text download pdf

co-Sponsors

2019-S499A - Details

2019-S499A - Summary

2019-S499A - Sponsor Memo

2019-S499A - Bill Text download pdf

co-Sponsors

2019-S499B (ACTIVE) - Details

2019-S499B (ACTIVE) - Summary

2019-S499B (ACTIVE) - Sponsor Memo

2019-S499B (ACTIVE) - Bill Text download pdf

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Senate Bill S499B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2019-S499 - Details

2019-S499 - Summary

2019-S499 - Sponsor Memo

2019-S499 - Bill Text download pdf

co-Sponsors

2019-S499A - Details

2019-S499A - Summary

2019-S499A - Sponsor Memo

2019-S499A - Bill Text download pdf

co-Sponsors

2019-S499B (ACTIVE) - Details

2019-S499B (ACTIVE) - Summary

2019-S499B (ACTIVE) - Sponsor Memo

2019-S499B (ACTIVE) - Bill Text download pdf

Comments