S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4435
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08825-01-3
 S. 4435                             2
              

 
 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-
 AGE HEALTHY LIVING ACTIVITIES OR DISCOURAGE UNHEALTHY LIVING ACTIVITIES.
 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.
   § 2. Subsections (a), (b) and (c) of section  3239  of  the  insurance
 law,  subsection  (a)  as  added by chapter 592 of the laws of 2008, and
 subsections (b) and (c) as amended by chapter 180 of the laws  of  2016,
 are amended to read as follows:
   (a)  An  insurer  licensed  to  write accident and health insurance, a
 corporation organized pursuant to article forty-three of this chapter, a
 health maintenance organization certified pursuant to article forty-four
 of the public health law and a  municipal  cooperative  health  benefits
 plan  may  establish a wellness program in conjunction with its issuance
 of a group accident and health  insurance  policy  or  group  subscriber
 contract.  A  "wellness program" is a program designed to promote health
 and prevent disease that may contain rewards and incentives for  partic-
 ipation.  Participation  in  the  wellness program shall be available to
 similarly-situated members of the group and shall be  voluntary  on  the
 part  of the member. The SPECIFIC terms of the wellness program shall be
 set forth in the policy or contract, OR IN A SEPARATE DOCUMENT  PROVIDED
 TO INSUREDS AND MEMBERS WHICH SHALL BE CONSISTENT WITH THE PROVISIONS OF
 THIS SECTION.
   (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;
   (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[.] ;
   (11)  ASSISTANCE,  FINANCIAL OR OTHERWISE, PROVIDED TO AN EMPLOYER FOR
 HEALTH PROMOTION AND DISEASE PREVENTION; AND
   (12) INCENTIVES FOR INSUREDS OR MEMBERS TO ACCESS PREVENTIVE SERVICES,
 SUCH AS MAMMOGRAPHY SCREENING.
   (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
 S. 4435                             3
 
 refund of premium, EXCEPT AS PROVIDED  IN  SECTION  THREE  THOUSAND  TWO
 HUNDRED THIRTY-ONE OF THIS ARTICLE, OR SECTION FOUR THOUSAND TWO HUNDRED
 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, 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.
   § 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-
 S. 4435                             4
 
 CATION  AND  TREATMENT OF DISEASES SUCH AS CANCER, HEART DISEASE, HYPER-
 TENSION, DIABETES, ASTHMA, OBESITY OR OTHER ADVERSE HEALTH AFFLICTIONS;
   (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGE HEALTHY LIVING ACTIVITIES OR DISCOURAGE UNHEALTHY LIVING ACTIVITIES.
 SUCH  ACTIVITIES OR PRACTICES MAY INCLUDE WELLNESS PROGRAMS, AS PROVIDED
 UNDER SECTION THREE THOUSAND TWO HUNDRED THIRTY-NINE OF THIS CHAPTER;
   (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.
   §  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-
 AGE HEALTHY LIVING ACTIVITIES OR DISCOURAGE UNHEALTHY LIVING ACTIVITIES.
 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.
   § 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-
 S. 4435                             5
 
 VIDUALS  PURSUANT  TO THIS SECTION MAY PROVIDE FOR AN ACTUARIALLY APPRO-
 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:
   (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;
   (B) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGE HEALTHY LIVING ACTIVITIES OR DISCOURAGE UNHEALTHY LIVING ACTIVITIES.
 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.
   §  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;
 S. 4435                             6
 
   (2) A PROGRAM THAT ENCOURAGES BEHAVIORAL PRACTICES THAT EITHER ENCOUR-
 AGE HEALTHY LIVING ACTIVITIES OR DISCOURAGE UNHEALTHY LIVING ACTIVITIES.
 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;
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.