Reduce Obesity and Respiratory Illness

Section 1. Short title. This act shall be known and may be cited as the "omnibus obesity and respiratory illness reduction act".

§ 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 identified 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, including 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 a new paragraph (w) to read as follows:

(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

A. 5037--A 3

item, as usually prepared and offered for sale including, but not limited to, nutrient databases and laboratory analyses.

(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 preparation methods that can be followed by food service establishments and the general public to reduce or eliminate the use of artificial trans fats.

(iii)(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.

§ 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.

§ 1399-xx. In-utero exposure prevention. 1. Every appropriate health care provider 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 health care provider shall monitor expectant mothers' smoking statuses and offer continuous tailored discussion of quitting smoking with expectant mothers during their prenatal care.

§ 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;

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.

§ 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

A. 5037--A 4

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 diagnosed 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 quality, preventative and cost-effective care, aimed at reducing the necessity 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 technology 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 justified and communicate indicated interventions to physicians, health care providers and/or patients, and monitor physician and health care provider 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 technologies, systematic chronic health conditions identified for monitoring, telehealth services and similar services designed to improve the quality and cost-effectiveness of health care services.

§ 2. This act shall take effect immediately.

PART D

Section 1. Paragraphs (a) and (g) of subdivision 2 of section 2599-b of the public health law, as amended by section 1 of part A of chapter 469 of the laws of 2015, are amended to read as follows:

(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

A. 5037--A 5

low-calorie, high-nutrient foods, decreasing consumption of high-calorie, low-nutrient foods and increasing physical activity designed to prevent or reduce obesity;

(g) developing screening programs, in accordance with section twentyfive hundred-l of this article, in coordination with health care providers and institutions including but not limited to day care centers and schools for overweight and obesity for children aged two through eighteen 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

§ 2. 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:

§ 263. Department authorized to study obesity - report. 1. The department 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;

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 materials to the governor and the legislature by June first of the following year and update such report every three years.

§ 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. 5037--A 6

(a) Survey state agencies, boards, programs and other state governmental 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 bronchitis 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 respiratory disease research projects that are currently being conducted and recommendations for future research projects;

§ 2. The public health law is amended by adding a new section 2500-l to read as follows: