What's happening
This bill creates a statewide asthma prevention, management, and education program, including data collection, advisory panel, and annual reporting.
Why it matters
Establishes dedicated funding and resources. for asthma prevention and education, which could improve support for patients and families, especially in underserved communities, by empowering local agencies, schools, and nonprofits through grants.
Requires comprehensive data collection and research. on asthma incidence, management practices, and environmental/behavioral triggers, enabling the state to identify trends, high-risk populations, and effective interventions, and to tailor public health responses more effectively.
Creates an advisory panel with broad expertise. (including individuals affected by asthma and experts on environmental factors), ensuring program strategies and recommendations are informed by diverse perspectives and up-to-date scientific knowledge.
Mandates annual reporting and evaluation. to state leaders, increasing transparency, accountability, and continuous improvement in asthma-related public health efforts, which may lead to better health outcomes and potentially lower healthcare costs over time.
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Who cares
People with asthma and their families
The program could provide case management, screening and education on preventing and managing asthma, while protecting identifying information in collected patient data.
New York State Department of Health
The department would run the program, award grants within available appropriations, study asthma and report annually on the program’s progress.
Local health agencies, nonprofit health providers, schools and community organizations
Eligible government entities and nonprofits could receive grants to deliver asthma management, outreach and education services.
Health insurers, health facilities and practitioners
The department could require them to report asthma data for research into disease patterns, management practices and environmental factors.
Headline styles
Create Asthma Management Program
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.551
- Reported and committed to finance
- Referred to health
- Reported and committed to finance
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Start Asthma Education Program
In Assembly Committee · Health · Sponsor Felix Ortiz
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4928
2019-2020 Regular Sessions
IN SENATE
March 29, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the asthma prevention and education program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and purpose. The legislature finds that asthma is a chronic, potentially life-threatening, respiratory illness that affects over a million New Yorkers, including many thousands of children and adolescents. Asthma is the leading cause of school absences attributed to chronic conditions. Asthma is also directly linked to large and growing inpatient bills for medicaid and other health care payers. Therefore, the legislature finds that establishing a comprehensive statewide asthma prevention management and control program which coordinates the efforts of individuals, families, health care providers, schools and community-based organizations is in the public interest and would benefit the people of the state of New York.
§ 2. The public health law is amended by adding a new article 27-BB to read as follows:
ARTICLE 27-BB
ASTHMA DISEASE MANAGEMENT AND CONTROL Section 2725. Asthma disease management and control program.
2726. Study of asthma incidence and prevalence.
2727. Asthma disease advisory panel.
2728. Annual report.
§ 2725. Asthma disease management and control program. 1. There is hereby created within the department the asthma disease management and control program (hereinafter referred to in this article as the "program"). The purpose of the program is to promote asthma disease management and education and outreach about asthma to people who suffer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07356-01-9
S. 4928 2
from asthma and their families, health care providers, and the general public.
2. Services to be provided by the program may include:
(a) asthma disease management and case management for patients and their families;
(b) asthma outreach and screening;
(c) the promotion of awareness of the causes of asthma;
(d) education on prevention strategies;
(e) education on proper disease management practices; and
(f) education on available treatment modalities.
3. The commissioner shall make grants within the amounts appropriated therefore to local health agencies, health care providers, schools, school based health centers and community-based organizations, and other organizations with demonstrated interest and expertise in serving persons with asthma to provide the services set out in this section. Grant recipients shall be government entities or not-for-profit organizations.
The commissioner may coordinate grants under this subdivision with the availability of grants from other sources. The commissioner may also accept or seek grants from other sources to enhance the amounts appropriated to the program.
§ 2726. Study of asthma incidence and prevalence. 1. The department shall study the incidence and prevalence of asthma in the state's population and current disease management practices. Such study shall include:
(a) the cause and nature of the disease;
(b) behavioral and environmental triggers;
(c) an assessment of the need for patient-centered case management to meet specific physical and environmental needs of patients;
(d) outcome evaluations, including, but not limited to, patient perceptions of improvement, signs and symptoms of asthma, pulmonary function, history of asthma exacerbations, pharmacotherapy, assessment of hospital emergency room visits for asthma, and patient-provider communication; and
(e) an assessment of the ability of providers, including non-professionals and health care professionals such as physicians, nurses, pharmacists and respiratory therapists, to systemically instruct and develop asthma management plans for patients and frequently review with patients and their families how to manage and control their asthma.
2. The department shall gather data for monitoring the occurrence, frequency, incidence, cause, effect and severity of asthma.
(a) The department may require the following to report data under this subdivision:
i. the statewide planning and research cooperative system (SPARCS);
ii. health maintenance organizations licensed pursuant to article forty-three of the insurance law or certified pursuant to this chapter or an independent practice association certified or recognized pursuant to this chapter;
iii. other insurers;
iv. the Medicaid (title XIX of the federal social security act) program;
v. health facilities;
vi. health care practitioners;
vii. patients: self reporting;
viii. the department of environmental conservation; and
ix. any other source the commissioner deems appropriate.
S. 4928 3
(b) The department shall compile and analyze data gathered under paragraph (a) of this subdivision and correlate it with data as to places of employment, areas of residence, schools attended, environmental factors including proximity to source of pollution and such other data as the department deems appropriate.
(c) The department shall maintain and compile reported data in a manner suitable for research purposes and shall collect and make such data available to persons in the manner set forth in subdivision three of this section.
3. Any data collected or reported shall not contain the name of any patient, his or her social security number, or any other information which would permit a patient to be identified. The department shall develop a unique, confidential identifier to be used in the collection of patient information as required by this section.
§ 2727. Asthma disease advisory panel. There is hereby created within the department an asthma disease advisory panel. The advisory panel shall advise the commissioner regarding the implementation of programs, studies and reports authorized under this article. The governor shall appoint eleven members to the advisory panel. Two of the members shall be appointed upon the recommendation of the speaker of the assembly, two of the members shall be appointed upon the recommendation of the temporary president of the senate, one of the members shall be appointed upon the recommendation of the minority leader of the assembly, and one of the members shall be appointed upon the recommendation of the minority leader of the senate. The appointees shall be persons knowledgeable in the causes and management of asthma and shall have demonstrated commitment to improving the detection of asthma and the delivery of services to people with asthma. At least one member shall represent the interests of persons with asthma and at least one member shall be knowledgeable of environmental factors relating to asthma.
§ 2728. Annual report. Commencing on the first of January next succeeding the effective date of this section and annually thereafter, the commissioner, in consultation with the advisory panel, shall submit a report regarding the status and accomplishments of the program and provide recommendations to the governor, the temporary president and the minority leader of the senate, and the speaker and the minority leader of the assembly.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to establishing the asthma prevention and education program
Purpose
This bill establishes a comprehensive statewide asthma management and control program which coordinates the efforts of individuals, families, health care providers, schools and community-based organizations to benefit the people of the state of New York.
Summary of provisions
The public health law is amended by adding a new article 27-BB, section 2725 which would create an asthma disease management and control program. The purpose of the program is to promote asthma disease manage- ment and education and outreach to people who suffer from asthma and their families, health care providers, and the general public.
Read the full memo (631 words)
Article 27-BB § 2726 would require the Department of Health to study the incidence and prevalence of asthma in New York state including current disease management practices. Such study shall include the cause and nature of the disease, behavioral and environmental triggers, an assess- ment of the need for patient-centered case management to meet specific physical and environmental needs of patients, outcome evaluations and an assessment of the ability of providers to systemically instruct and develop asthma management plans for patients and frequently review with patients and their families how to manage and control their asthma.
The Department of Health shall also gather data for monitoring the occurrence, frequency, incidence, cause, effect and severity of as thma. The gathered data will be used for research purposes only and the Department of Health will develop a unique and confidential identifier to be used in the collection of patient information for the purposes described above.
Article 27-BE § 2728 would require the commissioner to submit an annual report, commencing January first, after the bill is enacted and continue annually thereafter. The report shall include the status and accomplish- ments of the program and provide recommendations to the governor, the temporary president and the minority leader of the senate, and the speaker and the minority leader of the assembly.
Justification
Asthma is a chronic, potentially life-threatening, respiratory illness that affects over a million New Yorkers, including many thousands of children and adolescents. Asthma is also directly linked to large and growing inpatient bills for Medicaid and other health care, which in most cases could be avoided through early education and treatment of this potentially fatal disease. Asthma is the most common chronic disor- der in children and adolescents and is responsible for 10 mill ion missed school days, each year, which is three times the amount for chil- dren without this debilitating ailment. In recent years as thma has become the leading cause of hospitalization among children in New York and since 1980, the death rate among sufferers has in creased a stagger-
ing 50%. In one area of the Bronx known as "Asthma Alley" the rate of asthma sufferers is 7 1/2 times that of the national average.
Research and preventive efforts remain minimal despite studies that show early education, screening, and treatment as lifesaving and cost effec- tive solutions to this growing epidemic. Establishing a comprehensive statewide asthma management program which coordinates the efforts of individuals, families, health care providers, schools and community- based organizations would help New York track the disease, better under- stand its causes and triggers, and direct asthma education and preven- tive care to the children and families who need it the most.
Legislative history
New Bill
Fiscal implications
Subject to budget appropriation
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law; provided that the commissioner of health is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
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