ANNUAL REPORT New York State Assembly Carl E. Heastie Speaker Committee on Health Richard N. Gottfried Chairperson NEW YORK STATE ASSEMBLY COMMITTEES: RULES 822 LEGISLATIVE OFFICE BUILDING, ALBANY, NY 12248 HEALTH TEL: 518-455-4941 FAX: 518-455-5939 HIGHER EDUCATION RICHARD N. GOTTFRIED 250 BROADWAY, RM. 2232, NEW YORK, NY 10007 MAJORITY STEERING 75TH ASSEMBLY DISTRICT TEL: 212-312-1492 FAX: 212-312-1494 CHAIR CHAIR E-MAIL: [email protected] MANHATTAN DELEGATION COMMITTEE ON HEALTH December 15, 2017 Carl E. Heastie Speaker of the Assembly Legislative Office Building, Room 932 Albany, New York 12248 Dear Speaker Heastie: I am pleased to submit the 2017 Annual Report of the Assembly Committee on Health. This year the Committee was successful in securing the passage of a host of measures to improve and ensure consistent, quality health care throughout New York State. On behalf of myself and the other members of the Committee, I thank you for your leadership, support and encouragement throughout the Legislative Session. Very truly yours, Richard N. Gottfried Chair Committee on Health New York State Assembly Committee on Health 2017 Annual Report Richard N. Gottfried Chair Albany, New York NEW YORK STATE ASSEMBLY CARL E. HEASTIE, SPEAKER RICHARD N. GOTTFRIED, CHAIR COMMITTEE ON HEALTH Health Committee Members Majority Minority Thomas Abinanti Kevin M. Byrne Edward C. Braunstein Andrew Garbarino Kevin A. Cahill David G. McDonough Steven Cymbrowitz Michael J. Norris Jeffrey Dinowitz Edward P. Ra Sandra R. Galef Andrew P. Raia, Ranking Minority Member Richard N. Gottfried, Chair Raymond W. Walter Aileen M. Gunther Andrew D. Hevesi Ellen C. Jaffee Ron Kim Charles D. Lavine Shelley Mayer Amy R. Paulin Crystal D. Peoples-Stokes Linda B. Rosenthal Robin L. Schimminger Michaelle C. Solages Phillip Steck Matthew J. Titone Health Committee Staff Mischa Sogut, Legislative Director Monica Miller, Senior Legislative Associate Sherri Salvione, Legislative Associate Kayleigh Metviner, Legislative Associate Helen Dong, Committee Clerk Kathryn Curren, Committee Clerk Christina Coppola, Administrative Assistant Program and Counsel Staff Rebecca Mudie, Assistant Secretary for Program and Policy Anthony Kergaravat, Senior Analyst Janice Nieves, Associate Counsel Kristin Zielinski, Committee Assistant Terri Zaleski, Administrative Assistant Table of Contents Section Page Number 1. Summary Sheet 3 2. Final Action on Committee on Health Bills in 2017 4 3. Public Hearings of 2017 19 2 2017 SUMMARY SHEET SUMMARY OF ACTION ON ALL BILLS REFERRED TO THE COMMITTEE ON HEALTH ASSEMBLY SENATE TOTAL FINAL ACTION BILLS BILLS BILLS BILLS REPORTED WITH OR WITHOUT AMENDMENT TO FLOOR; NOT RETURNING TO COMMITTEE (FAVORABLE) 33 0 33 TO WAYS AND MEANS 70 0 70 TO CODES 67 0 67 TO RULES 9 0 9 TO JUDICIARY 0 0 0 TOTAL 179 0 179 BILLS HAVING COMMITTEE REFERENCE CHANGED TO Education 1 0 1 TO 0 0 0 TO 0 0 0 TO 0 0 0 TOTAL 1 0 1 SENATE BILLS SUBSTITUTED OR RECALLED SUBSTITUTED 15 15 RECALLED 1 1 TOTAL 16 16 BILLS DEFEATED IN COMMITTEE 0 0 0 BILLS HELD FOR CONSIDERATION WITH A ROLL- CALL VOTE 0 0 0 BILLS NEVER REPORTED, HELD IN COMMITTEE 359 59 418 BILLS HAVING ENACTING CLAUSES STRICKEN 0 0 0 MOTIONS TO DISCHARGE LOST 0 0 0 TOTAL BILLS IN COMMITTEE 539 75 614 TOTAL NUMBER OF COMMITTEE MEETINGS HELD 14 3 SECTION II Final Action on Committee on Health Bills in 2017 Important Note: The “Descriptions” in this section should not be relied on or used for any purpose other than to indicate generally the subject matter of the bill. BILL/SPONSOR DESCRIPTION ACTION A.23 Cahill Prohibit providers of health care coverage from requiring Passed Assembly S.877 Ortt behavioral health providers to provide all products offered by the health care plan. A.26 Paulin Require owners of multiple dwelling properties to develop Referred to Codes and implement a written smoking policy to be distributed to tenants, incorporated into leases, contracts and condominium bylaws. A.236 Paulin Require the Department of Health (“DOH”) to publish a Passed Assembly S.5471 Lanza list of FDA certified generic products on the Department’s website; require drug manufacturers to provide the DOH with information provided to the FDA as part of the application for such generic product. A.273 Rosenthal Raise the age in which an individual may purchase tobacco Referred to Codes S.3978 Savino products from age eighteen to twenty-one. A.275 Paulin Require the DOH to approve professional education Calendar 255 S.3705 Murphy courses in risk management strategies for obstetrics and midwifery for physicians and licensed midwives; authorize the Superintendent of Insurance to approve a premium reduction for insured professionals that successfully complete the course. A.277 Paulin Prohibit the sale of flavored tobacco products. Referred to Codes S.758-A Ritchie A.310 Jaffee Establish a public education program regarding the Referred to Ways and S.5031 Hoylman potential health effects of consuming water that does not Means meet state drinking water standards. A.313 Bichotte Authorize expedited partner therapy for sexually Passed Assembly S.2545 Hannon transmitted infections. A.328-A Braunstein Prohibit any first responder service from disclosing, Passed Assembly S.4372-A Golden selling, transferring, or exchanging individual identifying information for the marketing purposes. A.330 Dinowitz Prohibit smoking within 100 feet of the entrances or exits Referred to Codes S.169 Rivera of any public library or association library. 4 BILL/SPONSOR DESCRIPTION ACTION A.347 Rosenthal Establish a pilot program that would provide feminine Referred to Ways and hygiene products to middle and high school students in Means selected low-income municipalities. A.352 Perry Require hospitals to obtain and record the name of the Passed Assembly S.2113 Felder school attended by school-aged patients in their admission registration form. A.378 Abinanti Modify the appeal process for the denial of a claim, Chapter 4 S.986 Hannon request for prior authorization, and admission to the Medical Indemnity Fund. A.379 Crespo Clarify that the DOH is authorized to establish criteria Chapter 12 S.1067 Klein relating to vendors and specialty formula in the Special Supplemental Nutrition Program; establish a process to provide access for all participants in the program. A.387-B Gunther Require chain pharmacies to operate a safe disposal site Vetoed Memo 247 S.6750 Hannon for unused controlled substances. A.432 Rosenthal Establish a lymphedema and lymphatic diseases research Referred to Ways and S.5063 Golden grants program. Means A.441 Paulin Prohibit the use of pesticides at children’s overnight Calendar 24 S.1371 Carlucci camps or summer day camps. A.463 Abinanti Require county health commissioners to notify appropriate Calendar 5 local officials in the event of an emergency creating an imminent risk to public health and safety. A.494 Lupardo Require the DOH to prescribe a maximum indoor air Referred to Codes S.495 Squadron contaminant level for trichloroethylene (“TCE”) in order to minimize health risks associated with TCE exposure. A.516-A Rosenthal Add electronic cigarettes to provisions prohibiting Chapter 335 S. 2543-A Hannon smoking in public places. A.564 Abinanti Establish standards for prompt, fair, and equitable Referred to Ways and settlement of claims for payment for long-term care Means services. A.582 Rosenthal Add dysmenorrhea to the list of conditions for which a Calendar 484 physician may authorize medical marihuana use. A.611 Rosenthal Prohibit the use of electronic cigarettes on school grounds. Chapter 102 S.750 Ritchie 5 BILL/SPONSOR DESCRIPTION ACTION A.700 Rodriguez Require Medicaid Managed Care, Family Health Plus, Referred to Ways and S.2919 Carlucci and Child Health Plus plans to adopt the procedural Means protections of the Preferred Drug Program, including the doctrine of “prescriber prevails” for all categories of drugs as part of their managed care benefit. A.703 Sepulveda Require the DOH to conduct a study of the high incidence Vetoed Memo 219 S.3103 Serrano of asthma in the Bronx and develop a remedial plan. A.807 Perry Require the Medicaid program to provide for the cost of Vetoed Memo 183 S.1222 Rivera allergy testing. A.837 Dinowitz Prohibit smoking on any municipal or state-operated park, Referred to Codes S.5210 Stavisky or pedestrian plaza. A.851 Gunther Apply the Family Health Care Decisions Act to orders not Referred to Codes to resuscitate patients in OMH-licensed psychiatric hospitals and psychiatric units of general hospitals. A.857 Cahill Prohibit smoking within fifty feet of an entrance to a state Referred to Codes office building and within fifty feet of the outside area of any office building used by state agencies. A.879 Gunther Require the DOH to establish four comprehensive centers Referred to Ways and S.2047 Bonacic for the assessment of children diagnosed with autism Means spectrum disorders. A.926 Lupardo Require state owned, leased, or operated buildings to Referred to Ways and S.1440 Avella develop and maintain an indoor air quality plan. Means A.947 Simon Require the DOH to conduct a study of the high incidence Vetoed Memo 233 S.5770 Hamilton of asthma in Brooklyn and develop a remedial plan. A.958 Paulin Authorize retail clinics and limited service clinics to Referred to Codes provide certain health care services. A.1024 Richardson Require the DOH to study and research the feasibility of Referred to Ways and S.2849 Parker establishing a burn center in Kings County Medical Means Center. A.1051-A Simon Establish a procedure and timeframe for the closure of Restored to third S.4451-A Savino privately funded assisted living residences. reading A.1117 Pretlow Require companies to send and receive a signed document Referred to Codes from a customer stating that they are 18 years of age or older prior to shipping tobacco products purchased on the internet.