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S178Senate2017-2018 Session

Fund Medical Monitoring for PFOA

Official title

“Establishes a fund to benefit the residents of Hoosick Falls, Hoosick, and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water”

Sponsor Kathleen A. MarchioneSD-43Affects Finance
Status
In Senate Committee
Finance
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Finance

What's happening

This bill creates a fund to pay for medical monitoring and related expenses for Hoosick Falls, Hoosick, and Petersburgh residents exposed to PFOA-contaminated water.

Why it matters

  1. Creates a dedicated, legally-protected fund. for current and past residents, workers, and visitors of Hoosick Falls, Hoosick, and Petersburgh who were exposed to PFOA, ensuring financial resources are available for ongoing and future health monitoring needs related to the contamination.

  2. Covers a wide range of medical monitoring costs. including insurance copays, deductibles, initial blood screenings, and follow-up tests for illnesses scientifically linked or potentially linked to PFOA—helping to reduce the financial burden on affected individuals.

  3. Eligibility is tied to evidence of exposure. Those who participated in the 2016 biomonitoring study, or anyone who can demonstrate presence in the affected areas before water filtration eliminated PFOA, are eligible—provided they show elevated PFOA levels in initial screening.

  4. Establishes state oversight and accountability. The fund will be jointly managed by the Commissioner of Health and the Comptroller, with strict rules for administration, fund allocation, and incorporation of any recovered lawsuit damages, ensuring that resources are directed to those most impacted.

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Who cares

Headline styles

Fund Medical Monitoring for PFOA

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kathleen A. Marchione

Senator · Senate District 43

Chair, Local Government

No co-sponsors yet.

History

  1. Referred to finance
  2. Referred to finance

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

178

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law and the public health law, in relation to the establishment of a fund to benefit the residents of Hoosick Falls, Hoosick and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The state finance law is amended by adding a new section 97-yyyy to read as follows:

§ 97-yyyy. PFOA medical monitoring fund. 1. There is hereby established in the joint custody of the commissioner of health and the comptroller a fund to be known as the "PFOA medical monitoring fund".

2. The fund shall consist of all monies appropriated for its purpose, all monies required by this section or any other provision of law to be paid into or credited to such fund. Whenever a lawsuit results in a civil judgment for expenses already paid for by the fund, that portion of the civil judgment shall be paid into the fund. Nothing contained herein shall prevent the department of health from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law.

3. Monies of the fund, when allocated, shall be available pursuant to section two hundred sixty-seven of the public health law.

4. Monies shall be payable from the fund on the audit and warrant of the state comptroller on vouchers approved and certified by the commissioner of health.

§ 2. Article 2 of the public health law is amended by adding a new title 7 to read as follows:

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

[ ] is old law to be omitted.

LBD04404-01-7

S. 178 2

TITLE VII

PFOA MEDICAL MONITORING FUND Section 267. PFOA medical monitoring fund.

§ 267. PFOA medical monitoring fund. 1. Definitions. As used in this section, the following words and phrases shall have the following meanings unless a different meaning is plainly required by the context:

(a) Custodians. The term "custodians" means the commissioner of health and the comptroller.

(b) Medical monitoring. The term "medical monitoring" means the screening for health problems caused by exposure to a hazardous substance even though there is no ascertainable injury or symptoms.

(c) PFOA. The term "PFOA" means perfluorooctanoic acid.

(d) Initial screening. The term "initial screening" means the initial blood test given to determine a person's level of PFOA in their body.

2. Use of the fund. The custodians shall provide for the administration of the PFOA medical monitoring fund as established by section ninety-seven-yyyy of the state finance law, in accordance with the requirements of this section and all applicable laws, rules, regulations and other requirements. This shall include, but not be limited to, the monies in such fund being utilized for the purpose of ensuring medical monitoring of those exposed to PFOA in the village of Hoosick Falls and the towns of Hoosick and Petersburgh in accordance with the following:

(a) Those eligible to be benefitted by the PFOA medical monitoring fund shall be:

(i) those who were part of the two thousand sixteen biomonitoring study performed in the village of Hoosick Falls, town of Hoosick and town of Petersburg in two thousand sixteen; and

(ii) those not part of the two thousand sixteen biomonitoring study but who can show proof that they lived in, worked in, or visited the village of Hoosick Falls, town of Hoosick or town of Petersburg before water filtration eliminated PFOA from its water sources and had exposure to PFOA contaminated water during that time.

(b) Those who were not found to have elevated levels of PFOA after an initial screening or those who refuse an initial screening for PFOA shall not be eligible for benefits beyond their initial screening for PFOA levels.

(c) The PFOA medical monitoring fund shall pay for all medical monitoring expenses when not paid for by insurance including, but not limited to:

(i) copays and deductibles;

(ii) initial screening required for determining PFOA levels in one's body;

(iii) continued medical monitoring until the individual's PFOA blood level is reduced to two parts per billion;

(iv) screening tests for illnesses linked to PFOA contamination and those illnesses that are found to be potentially linked to PFOA contamination including, but not limited to: kidney cancer, testicular cancer, pre-eclampsia, ulcerative colitis, thyroid disease, hypercholesterolemia, developmental effects for fetuses, liver tissue damage and immune system impairments; and

(v) any other circumstance the custodians deem required to fulfill their duties under this section.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the state finance law and the public health law, in relation to the establishment of a fund to benefit the residents of Hoosick Falls, Hoosick and Petersburgh regarding medical monitoring expenses for those exposed to PFOA (perfluorooctanoic acid) contaminated water

Purpose

To establish a New York State fund for residents with elevated blood levels of PFOA from which uncovered medical expenses for screening of illnesses related to PFOA are paid.

Summary of provisions

Section 1 amends State Finance Law by adding a new section establishing the PFOA Medical Monitoring Fund.

Section 2 amends Public Health Law by adding a new title, PFOA Medical Monitoring Fund. The fund, its use and eligibility are defined.

Section 3 establishes the effective date.

Justification

One of the primary obligations of any government is to provide for the health and welfare of its residents. The recent discovery of water contamination in the towns of Hoosick Falls and Petersburgh has raised great alarm across the State. These instances of contamination by PFOA have been cited as the potential cause of many previously unexplained illnesses suffered by members of those communities. Illnesses potentially linked to PFOA exposure include but are not limited to: kidney cancer, testicular cancer, pre-eclampsia, ulcerative colitis, thyroid disease, hypercholesterolemia, developmental effects for fetuses, liver tissue damage and immune system impairments. One the keys to diagnosing and treating any of these potentially life-threatening illnesses are for those who were potentially affected to have regular tests and screenings and treatments.

As the State has done for other communities that have been impacted by circumstances beyond their control, this legislation would provide immediate financial relief to the residents of these communities in the form of creating a fund, administered by the Commissioner of Health and Comptroller, specifically dedicated to paying for those affected individuals' medical monitoring expenses which are not covered by insurance. These expenses include but are not limited to: copays and deductibles; initial screening required for determining PFOA levels in one's body; continued medical monitoring until the individual's PFOA blood level is reduced to two parts per billion; and screening for tests for illnesses linked to PFOA contamination.

Individuals who were potentially affected should never have to be put in a position of not having regular screenings and subsequent tests and treatments due to their inability to cover these medical costs. Often, medical screenings allow for a timely diagnosis which can be treated. These steps can allow for treatments which ultimately save lives. This legislation will assist in those efforts.

Legislative history

This is a new bill.

Fiscal implications

To be determined

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.