Bill Text: NY S00499 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to elevated lead levels in children, and requires insurance companies to cover testing for elevated lead levels.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2019-05-21 - REPORTED AND COMMITTED TO FINANCE [S00499 Detail]

Download: New_York-2019-S00499-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         499--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  Sens.  RIVERA, KENNEDY, MAY, SEPULVEDA -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Health  --  committee  discharged,  bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05593-14-9

        S. 499--B                           2

     1    (a) Minimum standards for maintaining internal  and  external  painted
     2  surfaces that contain lead-based paint; and
     3    (b)  A  schedule  by  which owners of residential rental property must
     4  implement and comply with such minimum standards.
     5    3. It shall be the responsibility  of  an  owner  of  any  residential
     6  rental  property  to  maintain such property in a lead safe condition in
     7  accordance with rules and regulations promulgated  by  the  commissioner
     8  pursuant to this section.
     9    4.  All paint on any residential rental property on which the original
    10  construction was completed prior  to  January  first,  nineteen  hundred
    11  seventy-eight,  shall  be presumed to be lead-based paint. This presump-
    12  tion may be overcome by a certification issued by a federally  certified
    13  lead-based  paint  inspector or risk assessor that the property has been
    14  determined not to contain lead-based paint, or by such  other  means  as
    15  may  be  prescribed  by the rules and regulations adopted by the commis-
    16  sioner pursuant to this section.
    17    5. The commissioner, local health officer of a county and, in the city
    18  of New York, the commissioner of the New York City department of  health
    19  and  mental  hygiene,  may  enter  into  an agreement or contract with a
    20  municipal government regarding inspection  of  the  lead  conditions  in
    21  residential  rental  properties and such health department may designate
    22  the local housing maintenance code enforcement agency in which the resi-
    23  dential rental property is located as an agency authorized to administer
    24  and ensure compliance with the provisions of this section and subsequent
    25  regulations pursuant to subdivision  one  of  section  thirteen  hundred
    26  seventy-five of this title.
    27    6.  If  the commissioner, or other officer having jurisdiction, deter-
    28  mines that an owner of residential rental property is  in  violation  of
    29  this  section  or  any rules or regulations promulgated pursuant to this
    30  section, the commissioner or other  officer  having  jurisdiction  shall
    31  have  the authority to order the abatement of any lead condition present
    32  at the residential rental property and assess fines not  to  exceed  two
    33  thousand dollars for each violation.
    34    §  3. Paragraphs (c) and (d) of subdivision 2 of section 1370-a of the
    35  public health law, paragraph (c) as amended by section 4 of  part  A  of
    36  chapter  58  of  the laws of 2009, and paragraph (d) as added by chapter
    37  485 of the laws of 1992, are amended and three new paragraphs  (e),  (f)
    38  and (g) are added to read as follows:
    39    (c) establish a statewide registry of lead levels of children provided
    40  such information is maintained as confidential except for (i) disclosure
    41  for  medical  treatment  purposes;  (ii)  disclosure  of non-identifying
    42  epidemiological data; and (iii)  disclosure  of  information  from  such
    43  registry to the statewide immunization information system established by
    44  section twenty-one hundred sixty-eight of this chapter; [and]
    45    (d)  develop  and  implement  public  education and community outreach
    46  programs on lead exposure, detection and risk reduction[.];
    47    (e) primary health care providers shall provide the parent or guardian
    48  of each child under six years  of  age  anticipatory  guidance  on  lead
    49  poisoning  prevention as part of routine care, including but not limited
    50  to their right to an inspection if the child is at risk  of  lead  expo-
    51  sure;
    52    (f) primary health care providers shall screen or refer each child for
    53  blood  lead screening beginning at least six months and continuing until
    54  the age of six at each routine well-child visit, or at least annually if
    55  a child has not had routine well-child visits; and

        S. 499--B                           3

     1    (g) add a question to the lead exposure risk assessment  questionnaire
     2  for  children  which  shall  include  a question asking if the child has
     3  obtained a blood test for lead  annually  between  the  ages  of  twelve
     4  months old and six years old.
     5    §  4. Section 1373 of the public health law is amended by adding a new
     6  subdivision 6 to read as follows:
     7    6. (a) The commissioner or  their  representative  shall  require  the
     8  jurisdictional  local or state health department to investigate cases of
     9  elevated lead levels, as defined in subdivision six of section  thirteen
    10  hundred  seventy  of  this  title,  that are reported by physicians to a
    11  local or state health  officer  pursuant  to  section  thirteen  hundred
    12  seventy-e of this title.
    13    (b)  A  jurisdictional  local health department may request assistance
    14  from the state department of health to  investigate  cases  of  elevated
    15  lead levels if such jurisdictional local health department does not have
    16  the  capacity  and/or  resources  to  investigate such cases as required
    17  pursuant to paragraph (a) of this subdivision.
    18    (c) For the purposes of this  subdivision,  "jurisdictional  local  or
    19  state health department" shall mean the local or state health department
    20  of  the  local  or  state  health  officer whom a physician has reported
    21  elevated lead levels to pursuant to section thirteen  hundred  seventy-e
    22  of this title.
    23    § 5. Subsection (i) of section 3216 of the insurance law is amended by
    24  adding a new paragraph 36 to read as follows:
    25    (36) Screening for the detection of elevated lead levels covered under
    26  the  policy  shall  not be subject to annual deductibles or coinsurance.
    27  For the purposes of this paragraph, "elevated lead  levels"  shall  have
    28  the  same  meaning  as  set forth in subdivision six of section thirteen
    29  hundred seventy of the public health law.
    30    § 6. Subsection (k) of section 3221 of the insurance law is amended by
    31  adding a new paragraph 22 to read as follows:
    32    (22) Screening for the detection of elevated lead levels covered under
    33  the policy shall not be subject to annual  deductibles  or  coinsurance.
    34  For  the  purposes  of this paragraph, "elevated lead levels" shall have
    35  the same meaning as set forth in subdivision  six  of  section  thirteen
    36  hundred seventy of the public health law.
    37    §  7.  Section  4303  of  the insurance law is amended by adding a new
    38  subsection (ss) to read as follows:
    39    (ss) Screening for the detection of elevated lead levels covered under
    40  the policy shall not be subject to annual  deductibles  or  coinsurance.
    41  For  the  purposes of this subsection, "elevated lead levels" shall have
    42  the same meaning as set forth in subdivision  six  of  section  thirteen
    43  hundred seventy of the public health law.
    44    §  8.  Subdivision  2  of  section 365-a of the social services law is
    45  amended by adding a new paragraph (gg) to read as follows:
    46    (gg) screening and blood tests of children for elevated  lead  levels.
    47  For  the purposes of this paragraph, elevated lead levels shall have the
    48  same definition as set forth in  subdivision  six  of  section  thirteen
    49  hundred seventy of the public health law.
    50    §  9. Subdivision 4 of section 14 of the public housing law is amended
    51  by adding a new paragraph (e) to read as follows:
    52    (e) the commissioner shall promulgate rules, regulations and  policies
    53  which:
    54    (i)  set  the  action  level for lead to the level defined as elevated
    55  lead levels in subdivision six of section thirteen  hundred  seventy  of

        S. 499--B                           4

     1  the  public  health  law  when identifying elevated blood lead levels of
     2  children occupying a dwelling in public housing; and
     3    (ii)  require projects to follow the federal department of housing and
     4  urban development's guidance on lead safe  housing  rule  pertaining  to
     5  elevated  blood  levels  for the public housing, housing choice voucher,
     6  and project-based voucher programs.
     7    § 10. Subdivision 1 of section 383 of the executive law is amended  by
     8  adding a new paragraph d to read as follows:
     9    d.  The regulations promulgated by the commissioner of health pursuant
    10  to subdivision two of section thirteen hundred seventy-f of  the  public
    11  health  law  (i) shall not be superseded by the provisions of this arti-
    12  cle, by the provisions of the uniform fire prevention and building code,
    13  or by the provisions of the building and fire prevention codes in effect
    14  in a city with a population of over one million; (ii) shall be  applica-
    15  ble  in  addition  to, and not in substitution for or limitation of, the
    16  provisions of the uniform fire prevention  and  building  code  and  the
    17  provisions  of  building  and  fire prevention codes in effect in cities
    18  with a population of over one million; and (iii) shall  be  administered
    19  and  enforced by the commissioner of health, the local health officer of
    20  a county, the commissioner of the New York city department of health and
    21  mental hygiene, or a municipal government entering into an agreement  or
    22  contract  authorized  by  subdivision  five  of section thirteen hundred
    23  seventy-f of the public health law,  in  the  manner  provided  in  said
    24  subdivision.
    25    § 11. This act shall take effect immediately.
feedback