Provides for the inclusion of weight control in the health care and wellness education and outreach program

Further, the Department of Financial Services will be authorized to allow health insurers and their insureds to more actively participate in and expand the number of Wellness Programs that combat the high incidence of adult and childhood obesity. Such programs would be implemented at the option of such health insurers.

Summary of provisions

Section 1: Amends public Health Law section 207 which relates to the Health Care and Wellness Education and Outreach Program. This provision expands the ability of DOH to conduct wellness education and outreach programs to educators, including but not limited to elementary and secondary school educators. Further, such education and outreach programs can provide information about the adverse health risks to adults and children who become obese or underweight.

Section 2: Amends Public Health Law section 207 to provide that the Department's education and outreach programs may also talk about the short term and long term adverse health risks to adults and children who become overweight, obese or underweight.

Sections 3 and 4: Amends Insurance Law section 3239 that relates to Wellness Programs that can be sponsored by health insurers or HMOs to help promote the health and wellbeing of their insureds or subscribers.

This provision expands the types of wellness programs that can sponsored by such carriers to include coordinated weight management, nutrition, stress management and physical fitness programs to combat the high incidence of adult and child obesity, asthma, and other chronic respiratory conditions. This section also, allows for the full or partial reimbursement of the cost of participating in stress management programs or activities or participating in a health or fitness program.

Justification

The growing prevalence of overweight and obese children and adults is a serious problem that is facing the entire nation. Obesity related health care expenditures in New York are some of the highest in the nation. Further, contrary to the lower (on average) prevalence of obesity among adults living in New York, children in New York are more likely to be obese or overweight when compared to national trends.

Obesity and overweight conditions in individuals are leading to higher incidences of life threatening conditions and substantial economic costs both to the State of New York for health care costs and to employers in lost work time and higher health care costs. Obesity in children tends to manifest itself more widely among poorer children and children whose parents have lower education levels.

The rising incidence of childhood obesity is a serious medical problem that continues to grow, especially among poorer and minority communities. Further, obesity is known to cause or exacerbate a number of serious chronic medical disorders including hypertension, dyslipidemia, cardiovascular disease, diabetes, and respiratory dysfunction. Nearly 80% of patients with diabetes mellitus are obese, while nearly 70% of diagnosed cases of cardiovascular disease are related to obesity. Obesity ranks only second to smoking as a preventable cause of death. Unfortunately, preventable deaths caused by obesity conditions is rapidly approaching and will or already has surpassed those deaths caused by smoking tobacco.

While the high prevalence of obesity and overweight conditions is an important public health concern when it affects adults. It should be of heightened concern that this adult affliction is now becoming more common among children. When obesity conditions afflict children this poses, significant quality of life detriments to such persons, reduces the productivity of such individuals over a longer time of their life, and hastens the onset of many chronic conditions that can hurt the quality of life of such persons and their families.

It is important for state agencies such as the Departments of Health, Education, Agriculture & Markets, and Insurance, the Office of Children and Family Services coordinate their current activities to curb this problem. Further, once New York's state agencies have a more coordinated approach to curb childhood obesity, then other

public stakeholders such as school educators and BOCES can combine forces with such state agencies and with private stakeholders such as health care providers, health care facilities, child day care centers, insurers, and community groups to provide a coordinated way to address this problem.

Prior legislative history

Related to 8.6423 (Klein) that contains a more comprehensive expansion of obesity programs to combat obesity in adults and children.

Effective date

Immediately.