Loading...
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Covered health care services. The term "covered health care services" means professional medical services by primary care practitioners, including preventive, primary, diagnostic and specialty services; diagnostic and laboratory services, including therapeutic radiological services; prescription drugs, excluding drugs for uncovered services; and any other services determined by the department.
Direct care worker. The term "direct care worker" means any employee of a hospital that is responsible for patient handling or patient assessment as a regular or incident part of their employment, including any licensed or unlicensed health care worker.
Doctor. The term "doctor" means a practitioner of medicine licensed to practice medicine pursuant to article 131 of the education law.
Hospital. The term "hospital" means an institution or facility operating in New York city possessing a valid operating certificate issued pursuant to article 28 of the public health law.
Nurse. The term "nurse" means a practitioner of nursing licensed to practice nursing pursuant to article 139 of the education law.
Physician assistant. The term "physician assistant" means a person licensed as a physician assistant pursuant to article 131-b of the New York state education law.
b. There shall be a gender and racial equity advisory board to advise the mayor and the council on issues relating to gender and racial equity in the provision of covered health care services and healthcare services in hospitals. Factors that such advisory board may consider include, but need not be limited to:
1. Factors that contribute to gender and racial inequity in hospitals and other covered health care services, especially in relation to employment decisions and patient care, including but not limited to factors that result in observed disparate patient treatment and outcomes;
2. Existing protocols hospitals and other covered health care services use to address such inequity, including, but not limited to, actions taken by hospital and health care leadership to promote gender and racial equity for hospital and health care staff;
3. Recommended measures to address gender and racial inequity in hospitals and other covered health care services; and
4. Methods for raising awareness about gender and racial inequity in hospitals and other covered health care services and ways to address it at the local, state and national levels, including but not limited to strategies to support legislation addressing such inequity.
c. The advisory board shall consist of 13 members, as follows:
1. The speaker of the council or their designee;
2. The commissioner of the department or their designee;
3. The executive director of the commission on gender equity or their designee;
4. The chair of the New York city commission on human rights or their designee;
5. Executive Director of NYC Unity Project or their designee;
6. Eight public members, seven of whom shall be appointed by the mayor and one of whom shall be appointed by the speaker of the council. Public members shall represent a diverse range of individuals, of whom:
(a) at least two members shall represent advocates who specialize in gender equity;
(b) at least two members shall represent advocates who specialize in racial equity;
(c) at least two members shall be representatives from labor unions representing nurses, doctors, physician assistants or direct care workers employed by a hospital;
(d) at least one member shall be a representative from a labor union representing interns and residents; and
(e) at least one member shall be a representative from a trade association representing hospitals.
d. The advisory board shall hold its first meeting no later than 60 days from the appointment of all its public members and at such meeting shall elect a chairperson.
e. The advisory board shall meet quarterly and keep a record of its proceedings, and determine the rules of its own proceedings with special meetings to be called by the chairperson upon his or her own initiative or upon receipt of a written request signed by at least four members of the board. Written notice of the time and place of such special meetings shall be given to each member at least two weeks before the date fixed by the notice for such special meeting.
f. No later than December 1, 2021, and annually on December 1 thereafter, the advisory board shall submit to the mayor and the speaker of the council; post on the department's website; and share with a trade association representing hospitals, for distribution to its members operating in New York city, a report including the results of its review and recommendations pursuant to this section.
(L.L. 2021/030, 3/14/2021, eff. 3/14/2021)
a. Definitions. For the purposes of this local law, the following terms have the following meanings:
Intersex traits or variations in sex characteristics. The term "intersex traits or variations in sex characteristics" means the umbrella term for differences in reproductive or sex anatomy that may appear in an individual's chromosomes, genitals, secondary sex characteristics, or internal organs such as testes or ovaries, and may be identified at birth, or may not be discovered until puberty or later in life.
Medically unnecessary. The term "medically unnecessary" means a treatment or intervention on the sex characteristics of an individual born with intersex traits or variations in sex characteristics that may be safely deferred until that individual can provide informed consent. For purposes of this section, psychological factors do not constitute medical necessity for a treatment or intervention on the sex characteristics of an individual born with intersex traits or variations in sex characteristics until and unless the individual has themselves identified psychological factors as relevant to decision-making.
b. The department shall conduct a public information and outreach campaign designed to address the provision of medically unnecessary treatments and interventions performed on individuals born with intersex traits or variations in sex characteristics. Such outreach shall at a minimum include (i) creating educational materials for parents and guardians of individuals born with intersex traits or variations in sex characteristics; (ii) creating resources for medical practitioners; (iii) identifying community outreach partners, stakeholders and opportunities; and (iv) distributing materials and resources. The department shall consult with individuals and organizations with expertise in intersex traits or variations in sex characteristics, including individuals who are intersex or have variations in sex characteristics, in the development of such public information and outreach campaign. The department shall begin implementation of such public information and outreach campaign within one year of the effective date of this section.
(L.L. 2021/060, 5/23/2021, eff. 5/23/2021)
a. Definitions. For the purposes of this section, "midwife" means an individual who is licensed or certified to practice midwifery in New York state.
b. The department shall make available information on the services offered by midwives and information on how to find a midwife on the department's website, in English and in each of the designated citywide languages as defined in section 23-1101.
(L.L. 2021/076, 6/27/2021, eff. 7/27/2021)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Added sugars. The term "added sugars" has the same meaning as used in title 21, section 101.9(c)(6)(iii) of the code of federal regulations, or any successor regulations.
Covered establishment. The term "covered establishment" means any food service establishment inspected pursuant to the restaurant grading program established pursuant to subdivision a of section 81.51 of the New York city health code that is part of a chain with 15 or more locations doing business under the same name and offering for sale substantially the same food items.
Daily value. The term "daily value" means the daily reference value established in title 21, section 101.9(c)(9) of the code of federal regulations, or any successor regulations.
Food item on display. The term "food item on display" means a prepackaged food item or non-packaged food item that is visible to the customer before the customer makes a selection.
Food service establishment. The term "food service establishment" has the same meaning as in section 81.03 of the New York city health code.
Icon. The term "icon" means a graphic or illustrated image, with or without accompanying text.
Identical to prepackaged food item. The term “identical to prepackaged food item” means a non-packaged food item offered by a food service establishment that has the same product name as a prepackaged food item and is promoted, advertised, or presented as substantially the same as that prepackaged food item as determined by the department, such as a fountain soda, coffee beverage, salad dressing, or dessert product that is sold under the same brand name in other retail locations.
Menu or menu board. The term "menu or menu board" has the same meaning as in section 81.49 of the New York city health code.
Menu item. The term “menu item” means any food item listed on a menu or menu board, as well as any seasonal, temporary, or variable menu item as defined by the department.
Non-packaged food item. The term “non-packaged food item” means a food item on display that does not have a nutrition facts label attached to it by the manufacturer pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.
Prepackaged food item. The term "prepackaged food item" means a food item that is packaged by the manufacturer and required to have a nutrition facts label pursuant to title 21, part 101 of the code of federal regulations, or any successor regulations.
b. Icon and warning statement rule.
1. The department shall issue a rule designating an icon to be displayed in a clear and conspicuous manner (i) on menus or menu boards adjacent to the menu items and (ii) on or near food items on display, that exceed a specified level of added sugars, including 100 percent or more of the daily value for added sugars, as determined by the federal food and drug administration, or another amount as specified in rules of the department.
2. For the purposes of this subdivision, a food item that is identical to a prepackaged food item will be presumed to have the same density of added sugars as is displayed on the nutrition facts panel of the corresponding prepackaged food item, as set forth in department rules, unless the food service establishment demonstrates otherwise to the satisfaction of the department.
3. Such rule shall also provide a factual warning statement about high added sugars intake.
c. Icon and warning statement required. No later than 1 year after the department issues the rule required pursuant to subdivision b of this section, a covered establishment that offers 1 or more menu items or food items on display that qualify for an icon pursuant to subdivision b of this section shall, in accordance with rules promulgated by the department:
1. Post a clearly visible icon on or near any prepackaged food item or food item identical to a prepackaged food item on display that qualifies for such icon pursuant to subdivision b of this section;
2. Post a clearly visible icon on the menu or menu board next to any prepackaged food item or food item identical to a prepackaged food item that qualifies for such icon pursuant to subdivision b of this section;
3. Post the factual warning statement required pursuant to subdivision b of this section prominently and conspicuously at the point of purchase, on the menu or menu board, and at any location where a food item requiring an icon pursuant to this subdivision is sold as a self-service item dispensed directly to the consumer; and
4. No later than 1 year after the effective date of federal regulations that require a covered establishment to include added sugars in the nutritional information of non-packaged food items available to customers, post a clearly visible icon on or near any non-packaged food item on display or on a menu or menu board that qualifies for such icon pursuant to subdivision b of this section.
d. Any covered establishment that violates any of the provisions of this section shall be liable for a civil penalty of $200 for a violation thereof.
e. No later than 3 months after the department issues the rule required by subdivision b of this section, the department shall conduct public outreach to educate covered establishments about the requirements of this local law.
f. The department shall promulgate rules for the facilitation and enforcement of this section. Nothing in this local law prohibits the department from requiring an icon or warning statement regarding additional foods, ingredients, or nutrients of concern.
(L.L. 2022/033, 1/15/2022, eff. 6/19/2024; Am. L.L. 2023/150, 11/17/2023, eff. 12/1/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/150.
a. The department shall provide sexual and reproductive health services and conduct research on sexual and reproductive health disparities within the city. In providing such services, the department shall have the power and duty to:
1. Provide outreach, education, and support to individuals, especially low-income individuals and those without health insurance, regarding issues related to sexual and reproductive health, including, but not limited to:
(a) Contraception, including a broad range of methods such as long-acting reversible contraception;
(b) Preconception health services;
(c) Abortion services;
(d) Family planning services;
(e) Testing, prevention, and treatment for HIV;
(f) Testing and treatment for sexually transmitted infections;
(g) Routine screening for breast and cervical cancer; and
(h) Health education, in community settings, to promote reproductive health, prevent unintended pregnancy, and promote access to reproductive and preventive health services.
2. Make referrals, when determined appropriate by the department, to affordable and accessible services related to contraception; abortion; family planning; breast and cervical cancer screenings; and counseling, testing, and treatment for HIV and sexually transmitted infections.
(L.L. 2022/088, 9/6/2022, eff. 9/6/2023)
a. No later than April 1, 2024, the department shall develop a plan to reduce the incidence and impact of diabetes in the city. Such plan shall, at a minimum:
1. Identify a goal percentage by which and a goal timeline in which each of the following will be reduced:
(a) new annual diagnoses of diabetes;
(b) the number of individuals with uncontrolled diabetes;
(c) the number of individuals on dialysis due in whole or in part to diabetes; and
(d) the number of amputations performed due in whole or in part to diabetes;
2. Identify a goal percentage by which and a goal timeline in which the number of individuals with diabetes that are successfully self-managing their diabetes is increased;
3. Include a description of strategies the department will utilize to realize such goals;
4. Include strategies to increase access to low- and no-cost obesity and diabetes care that may or may not include medications and treatments;
5. Be culturally appropriate and focus on social determinants of health; and
6. Be posted in plain language on the department's website and available in the designated citywide languages as defined in section 23-1101.
b. Report. No later than April 1, 2025, and every April 1 thereafter, the department shall submit to the mayor, the speaker of the council, and the chair of the New York city council committee on health, and post on its website a report on the implementation of the plan.
1. Such report shall include, for the prior year, disaggregated by the type of diabetes, geographic area, and demographic characteristics, where such data is available, provided that information included in the report shall maintain the confidentiality of any individual included in such data:
(a) The number of adults with diabetes, and the proportion of such number of the general population;
(b) The change in the incidence of diabetes, when such data is available;
(c) The change in the incidence and prevalence of uncontrolled diabetes;
(d) The change in the number of individuals on dialysis due in whole or in part to diabetes; and
(e) The number of amputations performed due in whole or in part to diabetes;
2. A description of the strategies used by the department during the prior year to achieve the goals identified by the plan;
3. A detailed description of the strategies used by the department during the prior year to promote the self-management of diabetes and increase access to devices and information that facilitate such self-management;
4. A detailed description of the strategies employed by the department to increase access to low- and no-cost obesity and diabetes care that may or may not include medications and treatments; and
5. Any new goals the department may identify to reduce the incidence of diabetes based on the content of the report.
(L.L. 2023/052, 4/16/2023, eff. 4/16/2023, repealed eff. 12/21/2034)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/052.
* Editor's note: there are two sections designated as § 17-199.21.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Income-eligible individual. The term “income-eligible individual” means a resident of the city of New York aged 18 or older whose annual gross household income is not in excess of 250 percent of the federal poverty guidelines as updated periodically in the federal register by the United States department of health and human services pursuant to subsection (2) of section 9902 of title 42 of the United States code.
Vision testing. The term “vision testing” means an eye examination to determine any need for vision correction or for such other procedures as determined by the department.
b. Subject to appropriation, the department or another agency designated by the mayor that has appropriate subject matter expertise shall establish a program to make available to all income-eligible individuals:
1. Vision testing; and
2. If such vision testing indicates a need, eyeglasses, including lenses and frames.
c. The department or designated agency:
1. Shall determine the frequency with which such vision testing and eyeglasses are made available to income-eligible individuals, provided such vision testing and eyeglasses are made available to such individuals at least once every four years;
2. Shall determine the manner by which such testing and eyeglasses are made available, including, without limitation, provision by third parties paid by a voucher issued by the department or otherwise reimbursed by the department; and
3. May establish a maximum allowable expenditure for the vision testing and eyeglasses made available to each income-eligible individual pursuant to this section, provided that the determination of such maximum allowable expenditure shall be made in consideration of the costs of such vision testing or eyeglasses to individuals outside of the program established pursuant to this section.
d. The department or designated agency may enter into contracts or agreements with third parties to implement the provisions of this section.
(L.L. 2023/084, 7/9/2023, eff. 1/5/2024)
* Editor's note: there are two sections designated as § 17-199.21.
The department shall establish and implement an outreach and education campaign to raise public awareness about programs that provide low-cost and no-cost mental health services to New Yorkers who do not qualify for or cannot afford health insurance based on federal guidelines. Such outreach and education shall include, as applicable, an explanation of how individuals may access such services, including, but not limited to, through referrals from primary care providers. The materials for such outreach and education campaign shall be made available in English and the designated citywide languages, as defined in section 23-1101.
(L.L. 2023/108, 7/23/2023, eff. 7/23/2023)
Loading...