Bill Text: NY A07687 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A07687 Detail]
Download: New_York-2019-A07687-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7687 2019-2020 Regular Sessions IN ASSEMBLY May 16, 2019 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Health AN ACT to amend the public health law, the insurance law, the social services law, the public housing law and the executive law, in relation to elevated lead levels in children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Dakota's Law". 2 § 2. The public health law is amended by adding a new section 1370-f 3 to read as follows: 4 § 1370-f. Lead safe residential rental properties. 1. For the 5 purposes of this section: 6 (a) "residential rental property" shall mean a dwelling which is 7 either rented, leased, let or hired out, to be occupied, or is occupied 8 as the home, residence or sleeping place of one or more persons other 9 than the owner's family. Residential rental property shall not include 10 short term rental properties during which guests do not stay in excess 11 of twenty-eight days; and 12 (b) "lead safe" shall mean any residential rental property that: (i) 13 has been determined through a lead-based paint inspection conducted in 14 accordance with appropriate federal regulations not to contain lead- 15 based paint; or (ii) meets the minimum standards set forth in regu- 16 lations promulgated by the commissioner pursuant to this section. 17 2. The commissioner shall promulgate rules and regulations establish- 18 ing minimum standards for the maintenance of lead safe residential 19 rental properties. Such rules and regulations shall include: 20 (a) Minimum standards for maintaining internal and external painted 21 surfaces that contain lead-based paint; and 22 (b) A schedule by which owners of residential rental property must 23 implement and comply with such minimum standards. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05593-16-9A. 7687 2 1 3. It shall be the responsibility of an owner of any residential 2 rental property to maintain such property in a lead safe condition in 3 accordance with rules and regulations promulgated by the commissioner 4 pursuant to this section. 5 4. All paint on any residential rental property on which the original 6 construction was completed prior to January first, nineteen hundred 7 seventy-eight, shall be presumed to be lead-based paint. This presump- 8 tion may be overcome by a certification issued by a federally certified 9 lead-based paint inspector or risk assessor that the property has been 10 determined not to contain lead-based paint, or by such other means as 11 may be prescribed by the rules and regulations adopted by the commis- 12 sioner pursuant to this section. 13 5. The commissioner, local health officer of a county and, in the city 14 of New York, the commissioner of the New York City department of health 15 and mental hygiene, may enter into an agreement or contract with a 16 municipal government regarding inspection of the lead conditions in 17 residential rental properties and such health department may designate 18 the local housing maintenance code enforcement agency in which the resi- 19 dential rental property is located as an agency authorized to administer 20 and ensure compliance with the provisions of this section and subsequent 21 regulations pursuant to subdivision one of section thirteen hundred 22 seventy-five of this title. 23 6. If the commissioner, or other officer having jurisdiction, deter- 24 mines that an owner of residential rental property is in violation of 25 this section or any rules or regulations promulgated pursuant to this 26 section, the commissioner or other officer having jurisdiction shall 27 have the authority to order the abatement of any lead condition present 28 at the residential rental property and assess fines not to exceed two 29 thousand dollars for each violation. 30 § 3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the 31 public health law, paragraph (c) as amended by section 4 of part A of 32 chapter 58 of the laws of 2009, and paragraph (d) as added by chapter 33 485 of the laws of 1992, are amended and three new paragraphs (e), (f) 34 and (g) are added to read as follows: 35 (c) establish a statewide registry of lead levels of children provided 36 such information is maintained as confidential except for (i) disclosure 37 for medical treatment purposes; (ii) disclosure of non-identifying 38 epidemiological data; and (iii) disclosure of information from such 39 registry to the statewide immunization information system established by 40 section twenty-one hundred sixty-eight of this chapter; [and] 41 (d) develop and implement public education and community outreach 42 programs on lead exposure, detection and risk reduction[.]; 43 (e) primary health care providers shall provide the parent or guardian 44 of each child under six years of age anticipatory guidance on lead 45 poisoning prevention as part of routine care, including but not limited 46 to their right to an inspection if the child is at risk of lead expo- 47 sure; 48 (f) primary health care providers shall screen or refer each child for 49 blood lead screening beginning at least six months and continuing until 50 the age of six at each routine well-child visit, or at least annually if 51 a child has not had routine well-child visits; and 52 (g) add a question to the lead exposure risk assessment questionnaire 53 for children which shall include a question asking if the child has 54 obtained a blood test for lead annually between the ages of twelve 55 months old and six years old.A. 7687 3 1 § 4. Section 1373 of the public health law is amended by adding a new 2 subdivision 6 to read as follows: 3 6. (a) The commissioner or their representative shall require the 4 jurisdictional local or state health department to investigate cases of 5 elevated lead levels, as defined in subdivision six of section thirteen 6 hundred seventy of this title, that are reported by physicians to a 7 local or state health officer pursuant to section thirteen hundred 8 seventy-e of this title. 9 (b) A jurisdictional local health department may request assistance 10 from the state department of health to investigate cases of elevated 11 lead levels if such jurisdictional local health department does not have 12 the capacity and/or resources to investigate such cases as required 13 pursuant to paragraph (a) of this subdivision. 14 (c) For the purposes of this subdivision, "jurisdictional local or 15 state health department" shall mean the local or state health department 16 of the local or state health officer whom a physician has reported 17 elevated lead levels to pursuant to section thirteen hundred seventy-e 18 of this title. 19 § 5. Subsection (i) of section 3216 of the insurance law is amended by 20 adding a new paragraph 36 to read as follows: 21 (36) Screening for the detection of elevated lead levels covered under 22 the policy shall not be subject to annual deductibles or coinsurance. 23 For the purposes of this paragraph, "elevated lead levels" shall have 24 the same meaning as set forth in subdivision six of section thirteen 25 hundred seventy of the public health law. 26 § 6. Subsection (k) of section 3221 of the insurance law is amended by 27 adding a new paragraph 22 to read as follows: 28 (22) Screening for the detection of elevated lead levels covered under 29 the policy shall not be subject to annual deductibles or coinsurance. 30 For the purposes of this paragraph, "elevated lead levels" shall have 31 the same meaning as set forth in subdivision six of section thirteen 32 hundred seventy of the public health law. 33 § 7. Section 4303 of the insurance law is amended by adding a new 34 subsection (ss) to read as follows: 35 (ss) Screening for the detection of elevated lead levels covered under 36 the policy shall not be subject to annual deductibles or coinsurance. 37 For the purposes of this subsection, "elevated lead levels" shall have 38 the same meaning as set forth in subdivision six of section thirteen 39 hundred seventy of the public health law. 40 § 8. Subdivision 2 of section 365-a of the social services law is 41 amended by adding a new paragraph (gg) to read as follows: 42 (gg) screening and blood tests of children for elevated lead levels. 43 For the purposes of this paragraph, elevated lead levels shall have the 44 same definition as set forth in subdivision six of section thirteen 45 hundred seventy of the public health law. 46 § 9. Subdivision 4 of section 14 of the public housing law is amended 47 by adding a new paragraph (e) to read as follows: 48 (e) the commissioner shall promulgate rules, regulations and policies 49 which: 50 (i) set the action level for lead to the level defined as elevated 51 lead levels in subdivision six of section thirteen hundred seventy of 52 the public health law when identifying elevated blood lead levels of 53 children occupying a dwelling in public housing; and 54 (ii) require projects to follow the federal department of housing and 55 urban development's guidance on lead safe housing rule pertaining toA. 7687 4 1 elevated blood levels for the public housing, housing choice voucher, 2 and project-based voucher programs. 3 § 10. Subdivision 1 of section 383 of the executive law is amended by 4 adding a new paragraph d to read as follows: 5 d. The regulations promulgated by the commissioner of health pursuant 6 to subdivision two of section thirteen hundred seventy-f of the public 7 health law (i) shall not be superseded by the provisions of this arti- 8 cle, by the provisions of the uniform fire prevention and building code, 9 or by the provisions of the building and fire prevention codes in effect 10 in a city with a population of over one million; (ii) shall be applica- 11 ble in addition to, and not in substitution for or limitation of, the 12 provisions of the uniform fire prevention and building code and the 13 provisions of building and fire prevention codes in effect in cities 14 with a population of over one million; and (iii) shall be administered 15 and enforced by the commissioner of health, the local health officer of 16 a county, the commissioner of the New York city department of health and 17 mental hygiene, or a municipal government entering into an agreement or 18 contract authorized by subdivision five of section thirteen hundred 19 seventy-f of the public health law, in the manner provided in said 20 subdivision. 21 § 11. This act shall take effect immediately.
