Establishes the advisory committee on public wellness to assist health insurers and employers in establishing wellness programs for insureds and employees

Summary of provisions

Amends Article 2 of the public health law to add a new title 6 to read "Advisory Committee on Public Wellness."

Article 2 of the public health law is amended by adding Section 266 which includes a definitional section.

Article 2 of the public health law is amended by adding Section 266-a which establishes an advisory committee on public wellness. Section 266-a sets forth the composition of the advisory committee, and how often the advisory committee shall convene.

Article 2 of the public health law is amended by adding Section 266-b to provide the powers and duties of the advisory committee which shall include, in pertinent part, the ability to establish and update minimum requirements for qualified wellness programs conducted by employers and insurers. Each program must be consistent with, and include, specified guidelines and strategies. During the consideration of any wellness program, presented by an insurer or employer, the advisory committee must ensure that the insurer or employer meet specific guidelines of accessibility and health literacy, require a health literacy component, and compile and disseminate to the insurer or employer information on instructional information.

Article 2 of the public health law is amended by adding Section 266-c which sets forth the requirements for a qualified wellness program.

Article 2 of the public health law is amended by adding Section 266-d which provides for outreach program to inform employers and insurers about the establishment of qualified wellness programs.

Existing law

PHL § 207 provides for a health care and wellness education outreach program within the Department of Health.

PHL Article 27-K §§§ 2799-0 - 2799-R establishes the New York Wellness Works program which provides for a partnership between t~e State and employers to encourage health screening, education and incentives tailored to employees' specific needs.

INS § 3239 allows for certain specified entities to provide for wellness programs, as defined in the section, in conjunction with their issuance of group accident and health insurance policies or group subscriber contracts.

Justification

Underlying the significant debate in the nation about federal health care reform, is the persistent question of increasing, and often preventable, chronic health conditions and the exponential costs that our nation will incur if it is not addressed. According to the Centers for Disease Control (CDC), medical care costs of people with chronic diseases account for more than 75 percent of the nation's $2 trillion in medical care costs. These figures include estimated costs of $174 billion from direct and indirect expenses as a result of diabetes annually, $193 billion estimated from the direct and indirect costs associated with smoking, and the near $117 billion of estimated total costs associated with obesity (as calculated in 2000). Preempting health care costs, through wellness programs and education is one way to combat the significant problems that this nation will face in the future.

Federal laws like the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), tax laws, and the Genetic Information Nondiscrimination Act (GINA) make it difficult for insurers and employers to implement the most successful programs. Greater participation by employers and insurers could be encouraged in New York State through the implementation of an advisory committee charged with guiding such entities through these complicated laws and regulations.

According to the U.S. Bureau of Labor Statistics and data collected by the National Compensation Survey, public sector workers have higher rates of access to wellness programs and employee assistance programs than do private sector workers. In a 2009 study, the Bureau of Labor found that employee access to employer-provided wellness programs had increased from 35 percent to 54 percent for public sector full-time workers; and from 1999 to 2009 access had increased from 19 percent to 28 percent for private sector full-time workers. While it is laudable that employers have taken the first steps in providing wellness initiatives, it is vital that programs be streamlined in order to create appropriate and successful wellness programs for the benefit of employers, insurers, employees, and our State alike.

This bill will create a wellness advisory committee within the Department of Health to advise employers and insurers regarding the most up-to-date information, and approve qualified wellness programs within the State. A qualified wellness program is intended to be one that has comprehensive physical, mental, and behavioral health components buttressed by proper information and medically appropriate advice. It is foreseeable that initiatives such as this will not only benefit our citizens in the immediate future through improved health, but also in the long-term through fiscal recoveries in the fields including, but not limited to, health and insurance.

Legislative history

New bill.

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

This act shall take effect immediately.