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State Wellness Legislation

June 2008

School Wellness - State Legislation

± Represents a state that will carryover bills from 2007 to the 2008 legislative session.

Insurance Premium Discounts/ Rebates /Incentives

State Description

GA±
HB 1351 (2008, proposed) - Among other provisions, this bill would have required the Commissioner of Insurance, by December 31, 2008, to conduct an audit of product offerings in the individual health insurance market in order to provide that assignment coverage issued pursuant to this chapter reflects those otherwise available to consumers outside this chapter, including, but not limited to, wellness incentives, consumer directed health plans, disease management programs, and other risk reduction methodologies available through private market insurers in this state.

Act No. 462 (2008) (SB 383) - Among other provisions, declares that insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices with respect to the practices of illegal inducements, unfair discrimination, and rebating. Enacted

Act No. 463 (2008) (HB 977) - Provides for exemptions from certain unfair trade practices for certain wellness and health promotion programs, condition or disease management programs, health risk appraisal programs, and similar provisions in such plans. Enacted

IL±

HB 4940 (2008, proposed) - The bill provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed after the effective date of this amendatory Act of the 95th General Assembly that provides coverage for hospital or medical treatment on an expense incurred basis may offer a reasonably designed program for wellness coverage that allows for a reward, a health spending account contribution, a reduction in premiums or reduced medical, prescription drug, or equipment co-payments, coinsurance, or deductibles, or a combination of these incentives, for participation in any health behavior wellness, maintenance, or improvement program approved or offered by the insurer or managed care plan. The insured or enrollee may be required to provide evidence of participation in a program, demonstrative compliance with treatment recommendations, or improvement of the individual's or dependent's health behaviors as determined by the health insurer or managed care plan. Incentives as outlined in this Section are specific and unique to the offering of wellness coverage and have no application to any other required or optional health care benefit. Such wellness coverage shall satisfy the requirements for an exception from the general prohibition against discrimination based on a health factor under the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191; 110 Stat. 1936), including any federal regulations that are adopted pursuant to that Act.

HB 1879 (2007, proposed) - Amends the Illinois Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act to provide coverage for group, individual, and family wellness programs. Provides that wellness coverage may provide for an appropriate rebate or reduction in premiums or for reduced copayments, coinsurance, or deductibles or a combination of these incentives for participation in a health behavior wellness, maintenance, or improvement program. Provides that an insurer providing a group or individual policy of accident and health insurance or a managed care plan is not required to continue any health behavior wellness, maintenance, or improvement program or to continue any incentive associated with a health behavior wellness, maintenance, or improvement program.

IN Ind. Public Law 136 (2006) (HB 1420) - Allows an employer to implement financial incentives related to employer provided health benefits in order to reduce employee tobacco use. Effective July 1, 2006. Enacted

MD Md. Chapter No. 591 (2007) (HB 157) - Provides that it is not discrimination or a rebate under specified insurance laws for an insurer, nonprofit health service plan, health maintenance organization, or dental plan organization to provide reasonable incentives to an individual who is an insured, subscriber, or member for participation in a bona fide wellness program offered by the insurer, nonprofit health service plan, health maintenance organization, or dental plan organization under specified circumstances. Enacted

ME± LD 1890 (2007, proposed) - Part A would require all insurance carriers to offer a discount on premiums for nonsmokers and would require insurance carriers in the small and large group markets to offer a discount on premiums for participants in workplace wellness programs. This Part also would direct Dirigo Health's Maine Quality Forum to develop certification standards for eligible workplace wellness programs.

MI± Mich. Public Act No. 413 (2006) (SB 849) - Requires health care corporations to offer non-group wellness coverage with a premium rebate if an individual or family enroll and maintain participation in wellness programs. Enacted

NJ A 251 same as S 463 (2008, proposed) - Would make several revisions, adding to benefits for health wellness examinations and counseling that health insurers are required to provide under the "Health Wellness Promotion Act," P.L.1993, c.327 (as amended by P.L.1999, c.339), including -- a new requirement that insurers annually notify covered persons in writing of the availability of the covered health wellness benefits.

NY±
A 10884 (2008, proposed) - Would allow an insurer licensed to write accident and health insurance, a health maintenance organization and a municipal cooperative health benefits plan to establish a wellness program in conjunction with its issuance of a group accident and health insurance policy or group subscriber contract. Would define wellness program as a program designed to promote health and prevent disease that may contain rewards and incentives for participation. Would require that participation in the wellness program be available to similarly-situated members of the group and be voluntary on the part of the member. Would allow a wellness program to use rewards and incentives for participation provided that the group health insurance policy or subscriber contact is required to be community-rated, the rewards and incentives may not include a discounted premium rate or a rebate or refund of premium. A reward or incentive which involves a discounted premium rate or a rebate or refund of premium would be based on actuarial demonstration that the wellness program can reasonably be expected to result in the overall good health and well being of the group.

A 2357 (2007, proposed) - Would authorize health insurers, subject to the approval of the superintendent of insurance, to provide actuarially appropriate reductions in health insurance premiums for an enrollee's or insured's participation in a wellness program (defined); would provide for the appointment of an advisory committee on wellness to be co-chaired by the commissioner of health and the superintendent of insurance and to report on the development and effectiveness of wellness programs. (Same as SB 204)

OR
SB 587 (2007, proposed) - Would have allowed small employer carriers to provide discounts for employees who do not smoke tobacco. Would have expanded rate band for small employer carriers to 50 percent deviation from geographic average rate. Would have permited small employer carriers to provide discounts to businesses in which all employees participated in plan, and stayed with carrier and that provided dependent coverage.

TX
HB 2252 (2007, enacted) - Allows an insurer issuing an accident and health insurance policy to establish premium discounts, rebates,or a reduction in otherwise applicable copayments, coinsurance, or deductibles, or any combination of these incentives, for an insured who participates in programs promoting disease prevention, wellness, and health; provides that such discount will not violate existing law. Enacted

Insurance Premium Rating Factors to Discount Group Premium Rates

State
Description

AL
HB 396 (2008, enacted) - Relates to the State Retirement System. Among other provisions concerning the State Employees' Insurance Board, provides that under the State Employees' Health Insurance plan with respect to each class of employees or retirees individual premiums may include adjustments and surchargers for (i) family size including, but not limited to, a husband and wife both being covered by the State Employees' Health Insurance plan, (ii) smokers and users of tobacco products, (iii) preventative care and wellness care participation, and (iv) any such other categories of risk that the board shall approve. Enacted

CA±
AB 799 (2007, proposed) - Relates to existing law that provides for the regulation of health care service plans by the Department of Managed Health Care, and for the regulation of insurance by the Insurance Commissioner, and imposes various requirements on such plans and insurers with respect to small employer coverage. Provides the requirements do not apply to a program of services and incentives offered to a small employer, separate and apart from a contract or policy of health care services or benefits to promote wellness. Failed

SB 17 (2007, proposed) - This bill would declare the intent of the Legislature to provide incentives to improve health and wellness, as well as additional affordable health care coverage options, by allowing health care service plans and insurers greater rate flexibility in the small-group market.

IA±
HF 790 (2007, enacted) - Allows certain association group health care plans and wellness initiatives. Provides that a small employer insurance carrier may offer to transfer a small employer into a different class of business with a lower index rate based upon claims experience, implementation of managed care or wellness programs, or health status improvement of the small employer since issue. In order to encourage voluntary participation in wellness or disease management programs, allows a small employer carrier to offer premium credits or discounts to a small employer for the benefit of eligible employees of that small employer who participate in such a program. Stipulates that an employee shall not be penalized in any way for not participating in such a program. Enacted

HF 2539 (2008, enacted) - The department shall recommend a reimbursement methodology and incentives for participation in the medical home system to ensure that providers enter and remain participating in the system. In developing the recommendations for incentives, the department shall consider, at a minimum, providing incentives to promote wellness, prevention, chronic care management, immunizations, health care management, and the use of electronic health records. In developing the recommendations for the reimbursement system, the department shall analyze, at a minimum, the feasibility of all of the following: (i) Reimbursement under the medical assistance program to promote wellness and prevention, provide care coordination, and provide chronic care management (ii) Increasing reimbursement to Medicare levels for certain wellness and prevention services, chronic care management, and immunizations. Enacted

MD Md. Chapter No. 600 (2007) (HB 339) - Alters a specified limit on the rate a carrier may charge based on adjustments to the community rate for specified health benefit plans offered in the small group market; authorizes a carrier to offer a discount to a small employer for participation in a wellness program. Enacted

MI± Mich. Chapter No. 412 (2006) (SB 848) - Requires insurers providing group expense-incurred hospital, medical or surgical certificates and HMOs offering group wellness coverage to rebate premiums if a majority of employees enroll and maintain participation in wellness programs. Enacted

NH± N.H. Chapter No. 56 (SB 540) (2008, enacted) - This bill establishes New Hampshire HealthFirst, an affordable, wellness-based health insurance plan for small employers. The purpose is to promote the availability of more affordable health coverage in the small employer market by engaging consumers, health care providers, insurers, and small employers to address the underlying costs of health care through better care management and more efficient utilization of health care services without increasing overall cost sharing requirements or reducing coverage for services essential to health and wellness. If a health carrier offers coverage in the small employer market in this state and had at least 1,000 covered lives in this market at the end of the prior calendar year, such carrier shall be required to offer the standard wellness plan to small employers on a guaranteed issue basis to all small employers in the state. The commissioner shall ensure that the standard wellness plan creates incentives for consumers, health care providers, employers, and/or health carriers to: (a) Promote wellness; (b) Promote primary care, preventive care, and a medical home model; (c) Manage and coordinate care for persons with chronic health conditions or acute illness; (d) Promote the use of cost effective care; (e) Promote quality of care by the use of evidence-based, best practice standards and patient-centered care. To the extent practicable, health carriers shall be permitted to utilize existing programs to meet the requirements for the standard wellness plan. Between plan revisions, carriers may request rate adjustments with appropriate supporting documentation. However, the commissioner shall not grant any rate adjustment in excess of the carrier's overall small group trend. Enacted

NJ SB 1870 (2008, proposed) - Would add a basic and essential health benefits plan to the five standard health benefits plans currently offered in the small employer health insurance market. The health benefits plan established under this bill provides for essential services, including hospitalization and hospital-based treatment, diagnostic tests, wellness benefits, mental health and substance abuse benefits, and physician services. The plan must be sold on a guaranteed-issue, guaranteed-renewal basis, and rating cannot be based on the health status of the individual member. The plan contains the same preexisting condition provisions as the standard plans.

NM SB 377 (2008, died in the Senate Corporations & Transportation Committee) - Part of this bill relates to adjusted community rating. Requires every health insurer to, in determining the initial year's premium charged, use only the rating factors of age, gender, geographic area of the place of employment and smoking practices, except that for individual policies the rating factor of the individual's place of residence may be used instead of the geographic area of the individual's place of employment. Died

OR
Oregon Chapter No. 389 (2007) (HB 2002) - Authorizes the Director of the Department of Consumer and Business Services to consider profitability and investment income in approving premium rates of insurer. Changes definition of 'small employer' by increasing maximum number of employees from 25 to 50. Limits increases in premium rates due to this change to 10 percent per year. Enacted

RI±
S 819 (2007, proposed) - This act would allow a small employer health insurance carrier to vary adjusted community rates based upon tobacco usage and whether or not an employer purchased insurance through an insurance producer licensed under the laws of this state to sell, solicit and negotiate insurance. The act would take effect upon passage and would apply to plans issued or renewed on or after January 1, 2008
FL legislature

WA±
Wash. Chapter No. 257 (SB 5930) (2007, enacted) - An act relating to providing high quality, affordable health care to Washingtonians based on the recommendations of the blue ribbon commission on health care costs and access. Defines "Adjusted community rate" as "the rating method used to establish the premium for health plans adjusted to reflect actuarially demonstrated differences in utilization or cost attributable to geographic region, age, family size, and use of wellness activities." Defines "Wellness activity" as an explicit program or an activity consistent with department of health guidelines, such as, smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education for the purpose of improving enrollee health status and reducing health service costs." Would authorize the state to establish and maintain a state employee health program focused on reducing the health risks and improving the health status of state employees, dependents, and retirees enrolled in the public employees' benefits board. Enacted

HB 1539 (2007, proposed) - Provides access to health insurance for small employers and their employees. The bill would have allowed a rating factor based on wellness program participation.

HB 2000 (2007, proposed) - An act relating to eligibility for health coverage. Would have defined "Adjusted community rate" as the rating method used to establish the premium for health plans adjusted to reflect actuarially demonstrated differences in utilization or cost attributable to geographic region, age, family size, and use of wellness activities.

Tax Credits

State Despription

CA±
AB 1439 (2007, proposed) - Would create a tax credit for qualified taxpayers for costs of providing employees certain physical fitness benefits.

CT SB 311 (2008, proposed) - Would establish a tax credit program for small employers that offer a qualified wellness program to their employees. Would also allow an individual taxpayer to file a Taxpayer Statement Regarding Receipt of Preventive Health Care Services with his or her state income tax return, certifying that that the individual taxpayer has received, during the course of the tax year, all age and gender appropriate clinical preventive health care services, as determined by the Department of Public Health. An individual taxpayer who obtains such certification from a primary care physician could then deduct from his or her taxable income "medical care expenses" paid during the taxable year, not compensated for by insurance or otherwise for medical care.

FL
SB 194 (May 2007, died in Commitee on Finance and Tax) - Would have provided credit against tax on corporate income for certain taxpayer expenditures for providing employee fitness facilities or supporting fitness-related activities by employees; would have provided credit against tax on insurers for employee fitness costs, as defined in this act, incurred by an insurer; and would have provided for order of credits against tax on insurers. Died

HI± HB 3008 (2008, proposed) - Would provide a tax credit for qualified capital improvements made to federally qualified health centers including a credit for "qualified equipment," meaning any device, instrument, appliance, system, or apparatus that is intended for use in the diagnosis, mitigation, treatment, cure, or prevention of disease; the promotion of bodily wellness; or medical record-keeping that has a useful life of more than one year and costs more than $50,000.

IA±
HF2477 and HF2529 (2006, proposed) - Would have authorized small employer association health benefit plans, a small employer health care tax credit, wellness incentives, and a small employer catastrophic risk reinsurance program.

HF2293 (2008, proposed) - Would have provided a small business qualified wellness program tax credit under the individual and corporate income taxes and the franchise tax. Defines a small business as a for-profit enterprise that employed for at least 50 percent of the working days of the employer, at least two but not more than 100 employees during the tax year. The amount of the credit would have equaled 50 percent of the costs of the qualified wellness program, not to exceed an amount equal to $300 per employee. Any excess credit could have been carried forward to succeeding tax years.

IN
Ind. Public Law 218 (2007) (HB 1678) - Among other provisions, this Small Employer Wellness Tax Credit Program allows employers with two to 100 employees to receive a tax credit for 50 percent of the costs incurred in a given year for providing qualified wellness programs to their employees. Increases the cigarette tax by 44 cents per pack to fund various health related expenses. Allows an employer to take a tax credit for making a health benefit plan available to the employer's employees for the first two taxable years that the employer makes the health benefit plan available. Increases the income limit for Medicaid eligibility for pregnant women. Enacted

KY HB 739 (2008, proposed) - Would have established the wellness project credit and required a report to the Legislative Research Commission on taxpayer-specific information related to the wellness project credits permitted in Section 3 of this Act and claimed on tax returns filed during the fiscal year ending June 30 of that year. "Wellness project" would have been defined to mean an employer-provided program: (a) Consisting of the following components: 1) a health-awareness program; 2) a behavioral-change program; and 3) a supportive-environment program; and (b) That is certified by the Cabinet for Health and Family Services. Wellness project "annual credit cap" would have been three million dollars ($3,000,000). An employer may have been eligible for a nonrefundable wellness project credit against the tax due.

ME± HP 1443 (2008, died in Senate) - This bill would have provided a tax credit to employers for the expense of developing, instituting and maintaining wellness programs for their employees in the amount of $100 per employee, up to a maximum of $10,000. A wellness program would have included programs for behavior modification, such as smoking cessation programs, equipping and maintaining an exercise facility and providing incentive awards to employees who exercised regularly. Died

MS HB 441 (2006, died) - Would have provided an income tax credit for employers that incurred costs to promote employee physical fitness. The bill died in committee 2/22/06. The items that it proposed to cover with the tax credit included, but were not limited to, "the net costs of constructing, equipping, operating and/or maintaining a facility owned by the employer such as a gymnasium, weight training room, aerobics workout space, swimming pool, running track, or any indoor or outdoor court, field or other site used for competitive sports events or games, and which is used exclusively for the purpose of promoting the physical fitness and well-being of the employer's employees. Additional eligible costs would have included the costs of employing a qualified person to conduct a class or classes on the taxpayer's business premises offering (a) information and guidance on subjects relating to personal and family health such as nutrition, hygiene and methods of preventing, recognizing and combating substance addiction or (b) instruction in and opportunity for fitness enhancement activity such as dance or other aerobic exercise, yoga, muscle stretching, or martial arts routines." The amount of the income tax credit proposed was to "not exceed the lesser of ten percent (10%) of the costs incurred by the employer during the taxable year for purposes described or fifty percent (50%) of the income tax imposed upon the taxpayer for the taxable year reduced by the sum of all other credits allowable to the taxpayer under the state income tax laws, except credit for tax payments made by or on behalf of the taxpayer. Unused portions of the credit could have been carried forward 5 tax years. Died

NJ A 990 (2007, proposed) - This bill would have allowed a corporation business tax credit and gross income tax credit for employer expenditures to provide physical fitness benefits to employees. It was introduced and sent to the Assembly Committee on Commerce and Economic Development. (same as S527)

NY±

A04280 (2007, proposed) - Would have provided a tax credit to businesses for qualified expenses relating to occupational wellness that would have equaled up to one thousand dollars, for the amount paid by the taxpayer during the taxable year for qualified expenses relating to occupational wellness.

S02595 (2007, proposed) - Would have provided a tax credit to businesses for qualified expenses relating to occupational wellness; equal to up to two hundred dollars per employee but not to exceed ten thousand dollars per employer, for the amount paid by the taxpayer during the taxable year for qualified expenses relating to occupational wellness.

OK± HB 2142 (2006, proposed) - Would have provided an individual income tax deduction for health and spa membership fees. The deduction would have been capped at $500 for an individual, $720 for a couple, and $900 for a family with children. Failed

PA± HB 2027 (2007, proposed) - Among other provisions, would provide a healthy living and wellness personal income tax credit for the purchase of healthy living products, such as membership in a gym or exercise facility or for physical activity instruction such as a class in sports, dance or martial arts; or a credit for wellness services such as fitness centers, weight management, stress management, nicotine cessation or pregnancy care.

RI± S 600 - (2007, proposed) - This bill proposed a "Worksite Wellness Act" that would provide a tax credit to businesses that employ a quarterly average of less than 100 employees during the tax year for which a worksite wellness program is provided at the worksite.

WI±
AB 235 (2007, proposed) - Would have created a nonrefundable income and franchise tax credit for workplace wellness programs. Failed

AB 954 (2006, proposed) This bill would have created an income and franchise tax credit for workplace wellness programs, equal to the amount that an employer paid in the taxable year to provide a workplace wellness program to any of the employer's employees. A workplace wellness program would have been defined as a health or fitness program, as defined by administrative rule by the Department of Revenue, that included smoking cessation programs, weight management, stress management, health risk assessments. Failed

AB 861 (2006, proposed) - Would have created an individual income tax deducation for health and fitness center memberships. Failed

State Contracting Preferences

State Description

CA± AB 2360 (2008, proposed) - Would require prospective bidders having a specified number of employees in the state, other than a certified small business or disabled veteran business enterprise, that bid on a contract let or under the jurisdiction of the Department of General Services involving expenditures of over a specified amount, to certify in a standard form of questionnaire that it provides fitness and wellness benefits for its employees.

MI±
S 281 (2007, proposed) - Would require the Department of Management and Budget, in awarding a contract for the provision of services and items needed by State agencies, to give preference to a business entity that had a wellness program in place for its employees, all other things being equal. Under the bill, "wellness program" would mean a health promotion program offered by an employer to his or her employees.

Other Wellness Legislation

State Description Legislation Topic

AK± HB 263 (2007, proposed) - Would establish a multi-sector advisory board to advise on:(1) the establishment of an affordable, effective, and quality health care system;(2) access to affordable health care;(3) individual responsibility for personal health and wellness;(4) disease prevention and management;(5) workforce shortages among health care providers; (6) cost shifting by health care providers.
Establishes a Citizens' Health Advisory Board

AL HR 370 (2008, adopted) same as SJR 60 (2008, pending) - Supports the "divided we fail" effort of AARP, the Business Roundtable and SEIU calling on policymakers to provide solutions for health care access and financial security for all Americans including stating that wellness and prevention efforts, including changes in personal behavior such as diet and exercise, should be top national priorities.
Resolution - Support for wellness efforts

AZ
Executive Order 2008-07 (2008) - Concerns reducing the escalation of health care costs; requires the Health Care Cost Containment System to initiate collaborative efforts to develop recommendations on the control of health care costs; concerns improvement of patient care and health outcomes in the areas of cancer, heart disease, diabetes, respiratory disease and unhealthy birth outcomes; concerns reforming health care administrative processes. Includes development of recommendations to reduce costs through patient-centered care that further integrates wellness, prevention, self-care education, and chronic disease management as priorities in the delivery of care for Arizonans.

Executive order 2008-18 (2008) - Continues the Governor’s Commission on the Health Status of Women and Families in Arizona as the “Governor’s Commission on Women’s and Children’s Health” (amending and superseding Executive Order 2000-17). The Commission will bring together an array of health stakeholders, healthcare providers, universities, non-profits, consumer advocates, and local government and business leaders. The Commission will work to identify priorities and advise the Governor on the most effective policy directions and methods to improve the health and wellness of Arizona women and children.

SB 1402 (2008, proposed) - This bill includes a provision that the administration and participating plans in the Children's Health Share Program may implement programs and incentives to promote wellness, physical activity and chronic disease management.

Executive Order- Reccomendations to contain costs and improve outcomes

Executive order- Continues commission which improves health and wellness

Wellness provision

CA± Cal. Resolution Chapter No. 38 (2007) (SCR 31) - Recognizes the importance of health and wellness in communities and the role planning plays in keeping our state and communities healthy and declares May as Healthy Communities Month. Enacted
Resolution - Declares May Healthy Communities Month

CO HJR 1031 (2008, adopted) - Creates a task force to study access to healthcare for vulnerable populations including expanding efforts under House Bill 07-1021, as enacted at the first regular session of the Sixty-sixth General Assembly, to address wellness care and treatment of chronic conditions for the purpose of achieving improved outcomes and lowering the cost of health care. Enacted
Resolution - Task force

FL Fla. Chapter No. 2007-40 (SB 2260) - Deletes designation of Health Secretary and includes designation of State Surgeon General as head of the state's Department of Health; provides duties for the State Surgeon General including promoting wellness. Enacted
Establishes State Surgeon General position promoting wellness

HI± HB 3156 (2008, proposed) - Would provide that an employee injured during voluntary participation in a state or county worksite wellness program is eligible to file for workers' compensation benefits and that absent gross negligence, intentional misconduct, or willful and wanton misconduct by the State or a county, the State and the counties shall be immune from liability for injury and damage that results from voluntary participation in a state or county worksite wellness program. (Same as SB 3078)
Worksite wellness programs - liability protection, workers' compensation eligibility

IA± SF 2319 (2008, proposed) - The bill requires the department to distribute grants on a competitive basis to support the project communities in planning and developing wellness strategies and establishing methodologies to sustain the strategies. (Formerly SSB 3225, same as HSB 728)
Disease prevention and wellness program grants

ID Idaho Chapter No. 200 (2007) (H 168) - Amends existing law relating to public assistance to define a term; to revise benefits for all medicaid participants; to remove provisions on personal health account funding, use and disposition; and to provide for use of preventive health assistance benefits. Enacted
Public insurance wellness benefit

IL
SB 552 (2007, proposed) - Would create the Office of Healthy Lifestyles within the Department of Public Health. Sets out the goals and duties of the Office of Healthy Lifestyles, including, among others, to encourage the development of incentives for participation in employee wellness programs. Incentives may be based upon, but should not be limited to, the employee's completion of health questionnaires or participating in healthy lifestyles initiatives and may use experiences of successful initiatives that have occurred in this State. The action plan should include among its targets State government employees in this incentive program.

HR 509 (2007, proposed) - Urges the Department of Healthcare and Family Services to create a pilot incentive-based smoking cessation program for Medicaid recipients.

SB 811 (2007, proposed) - Would require the State to develop and implement a 3-year pilot program of collaborative prevention and wellness services for State employees with diabetes residing in Cook County or Champaign County to improve their health outcomes and to manage and reduce medical care expenditures related to those individuals.

HB 5302 (2007, proposed) - Among other provisions, this bill would add a new provision authorizing coverage for wellness benefits. Would require wellness coverage under the State Employees Group Insurance Act of 1971.

Office of Healthy Lifestyles

Resolution

Public employee wellness program

Insurance wellness benefit

IN HB 1674 (2007, proposed) - Would have required a public employer to provide a wellness program for the public employer's employees. Would have provided a tax credit for a taxpayer that provides a wellness program to employees.
Public employee wellness program/ Tax credit private employer wellness

KY
KY Acts Ch. 10 (HB 321) (2008, enacted) - An act relating to public employee health insurance plans. Requires quarterly report including, among other items, on any results or outcomes of disease management and wellness programs. Enacted

HB 533 (2008, proposed) - Would have created the Insurance Coverage, Affordability and Relief to Small Employers (ICARE) Program, designed to make health insurance more affordable for small employer groups. Would have limited the program to those employer groups with two to fifty employees. Would allow ICARE programs to conduct health risk assessments of participating employees. "Health risk assessment" means an assessment to prevent or minimize risk factors for disease and maintain wellness. Would have allowed an ICARE Program participating insurer to conduct a health risk assessment for each employee enrolled in the ICARE Program and offer a wellness program, case management services, and disease management services.

State employee insurance wellness benefit

Small employer insurance wellness benefit

LA
SCR 29 (2008, adopted) - Designates May 12, 2008, as "Obesity Awareness Day" at the legislature. Adopted

HR 42 (2008, adopted) - Community Weight Loss. Commends the citizens of House District No. 29 for striving to lose 2,900 pounds collectively and extends to them best wishes for success. Adopted

HR 43 (2008, adopted) - Recognizes Tuesday, May 6, 2008, as "Legislative Wellness Day" at the Louisiana House of Representatives. Adopted
Resolutions- Raising awareness of wellness topics

ME± LD 1667 (2007, died in Senate) - This bill is designed to improve health, reduce health care usage and costs and help prevent disease through nutritional wellness and prevention measures and allow for nonpharmacological alternatives to enrollees who choose them. The bill would require that health insurance policies provide coverage for nutritional wellness and prevention that is shown to be beneficial to the enrollee. Died
Insurance wellness benefit

MS SB 2729 (2008, died in committee) - Would have established a multidisciplinary health care coordinating council, and among its duties would have been to encourage public and private employers to promote wellness. Died
Health care coordinating council

NC±
S 1853 (2008, proposed) - An act to rewrite general statute provisions pertinent to health and long-term care benefits for teachers, state employees, retired state employees, and their eligible dependents, and pertaining to the North Carolina Health Choice Program. Would have directed the plan administrator, among other duties to implement and administer a case management, disease management program and a wellness program. (Same as H 2443)

S 1785 (2008, proposed) - An act to authorize the state employees health plan to use funds to assist with operating costs of wellness pilot programs. Would have allowed the Executive Administrator and Board of Trustees of the State Health Plan for Teacher and State Employees may use funds available in an amount not to exceed one hundred thousand dollars ($100,000) for the 2008-2009 fiscal year to assist with operating costs for the wellness pilot programs being operated at East Carolina University and the Cleveland County YMCA.

H 1050 (2007, proposed) - Would have appropriated funds for a state employee wellness pilot program. (Same as S 1066)

State health plan benefits

State employee wellness pilot program

State employee wellness program

NE± LR 238 (2008, adopted) - Commends the "Divided We Fail" effort and notes, among other items, that "wellness and prevention efforts for Nebraskans, including changes in personal behavior such as diet and exercise, should be top priorities of our state."
Commends wellness efforts

NJ±
S 581 (2008, proposed) - This bill would make substantial changes to the State Health Benefits Program (SHBP) by eliminating the point of service plan known as NJ PLUS and establishing an Essential Benefits Plan that (1) is designed to provide more flexibility to the state and the other participating public employers; (2) permits, and in some cases requires, cost sharing between employers and employees; (3) includes a number of cost-saving provisions that have long been used in the commercial insurance market; and (4) gives the State Health Benefits Commission greater flexibility to manage or alter the SHBP. Among other benefits, the plan would be required to include, "wellness and preventive care, up to $800 per covered person, with an annual deductible and copayment per service established by the commission."

A 151 (2006, proposed) - Would have revised health wellness insurance benefits. (Same as S1055)

A 1615 (2006, proposed) - Would have required health insurers to cover costs of tobacco use cessation services.
State employee insurance wellness benefits

Insurance wellness benefits

NM
SB 1173 (2007, died in Senate) - An act relating to health care reform; would have required that proceeds from the tobacco settlement program fund be used solely for tobacco research and cessation programs; would have provided for an income tax deduction for the purchase of long-term care insurance; would have required high school physical education requirements to emphasize nutrition and exercise; would have required the electronic submission of health care claims and associated data; would have provided for insurance rating factors for qualified wellness programs.

Health care reform and wellness programs

NY±
S 4675 (2007, proposed) - Would require every health insurance policy that provides hospital, surgical or medical coverage to provide coverage for expenses incurred in a health promotion program through health wellness examinations and counseling; would specify that such examinations and counseling shall include hemoglobin tests, blood pressure checks, glucose tests, blood cholesterol readings, glaucoma tests, stool exams, colon exams, immunizations, and annual wellness consultations.

A 4316 (2007, proposed) - Would establish a task force on occupational wellness within the department of health, consisting of nine members. (Same as S 2433)

S 0040 (2007, proposed) - Would enact the "public employee wellness act"; requiring the appointment of a public employee wellness coordinator in certain state departments and agencies; and requiring reports to be prepared by such wellness coordinators. Would establish an advisory committee on public wellness. (same as A05917)

Insurance wellness benefit

Task force

Public employee wellness act

OK±
HB 2713 (2008, enacted) - Among other purposes, gives authority to develop a process for Medicaid consumers to select commercial health insurance options, the Oklahoma Health Care Authority may develop a plan to implement a personal health account system as an enhanced benefit. Monies deposited into a personal health account shall only be used by the recipient to defray health-care-related costs including, but not limited to, copayments, noncovered benefits, and wellness initiatives. The Health Care Authority shall promulgate rules guiding personal health account transactions. Enacted
Similar bills: SB 1690 (2008, proposed), SB 1739 (2008, proposed)

HB 2989 (2008, proposed) - In an effort to improve the health status of Oklahomans, any state agency is authorized to establish and maintain a health and wellness program for employees of the agency. This program shall be limited to the criteria required to become a certified healthy business as determined by the State Department of Health.

Personal health account monies used for wellness initiatives

Authorizes state agency wellness programs

PA± HR 397 (2007, adopted) - Recognizing the week of September 24 through 30, 2007, as "Health, Wealth and Wellness Week" in Pennsylvania. Adopted
Resolution - Recognizing Wellness Week

RI± H 6038 (2007, proposed) - Would establish a basic wellness health benefit plan to create affordable health insurance.
Insurance wellness benefit

TX
HB 1297 - Creates a model state employee wellness program and a multidisciplinary Worksite Wellness Advisory Board. Among other provisions, allows employees 30 minutes a day for exercise; provides for identification of food service vendors that successfully market healthy foods, encourages worksite architectural design featuring wellness features, and encourages and provides time for completion of health risk assessments. Enacted
(related bill SB 72 (2007, proposed) - relates to the establishment of the Worksite Wellness Advisory Board and the implementation of worksite wellness policies at state agencies)
State employee wellness program

WA±
HB 3249 (2008, proposed) - This bill proposes wellness incentives as part of employee benefit plans. Amongst other provisions, it states, "the board shall develop employee benefit plans that include comprehensive health care benefits for all employees. In developing these plans, the board shall consider the following elements: a) Methods of maximizing cost containment while ensuring access to quality health care; (b) Development of provider arrangements that encourage cost containment and ensure access to quality care, including but not limited to prepaid delivery systems and prospective payment methods; (c) Wellness incentives that focus on proven strategies, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse, appropriate weight reduction, exercise, automobile and motorcycle safety, blood cholesterol reduction, and nutrition education."

SB 5665 (2007, proposed) - Would establish the state employee health program and a state employee health demonstration project. Would appropriate the sum of one million three hundred thousand dollars, or as much thereof as may be necessary, for the biennium ending June 30, 2009, from the general fund to the health care authority for the purposes of this act.

Public employee wellness incentives

State employee wellness program

Sample Appropriation Bills

State Description

KY Ky. Chapter No. 123 (HB 410) (2008, enacted) - This economic development appropriations bill includes funds for wellness projects. Including: Clay County Fiscal Court: Community Wellness Program, Laurel Creek, Construction, $12,000 Restricted Funds. Menifee County Fiscal Court: Remodel Wellness Building $25,000 Restricted Funds. Enacted

MN± Minn. Chapter No. 179 (HB 380) (2008, enacted) - Capital improvements appropriations bill includes item for a specific wellness center. Normandale Community College Classroom Addition and Renovation $7,000,000 to complete design of and to construct, furnish, and equip an addition to and renovation of the Health and Wellness Building for classrooms, laboratories, and related offices, and to renovate, furnish, and equip the Athletics Building for classrooms and related space. This appropriation includes funding to install an elevator to make the building ADA accessible. Enacted

NM
N.M. Chapter No. 80 (SB 333) (2008, enacted) - Authorizes the issuance and sale of Capital Projects General Obligation bonds for capital projects and includes: to the Indian affairs department, three million dollars ($3,000,000)to plan, design and construct a regional wellness center at the Santa Fe Indian school in Santa Fe in Santa Fe county. Enacted

HB 99 (2008, died in House Appropriations and Fincance Committee) - Proposed appropriation for a campus wellness program. This bill would have made an appropriation to the New Mexico State University for Physical Education and Wellness programs at the Grants campus. Died

HB 431 same as SB 435 (2008, Died) - Would have made an appropriation of $45,000 to the Department of Health to provide community eduation and wellness programs and access to state services in the Pueblo of Picuris-Pencase area. Died

SB 507 (2008, died in Senate Finance Committee) - Would have made an appropriation of $150,00 to establish youth development programs in tribal communities to promote self-esteem, health and wellness of youth through running. Died

OH± Ohio Chapter No. 53 (HB 496) (2008, enacted) - Makes capital reappropriations for the biennium ending June 30, 2010, and certain capital appropriations, including $ 1,000,000 to the MetroHealth Senior Health and Wellness Center. Enacted

PA± HB 1589 (2007, proposed) - An act providing for the capital budget for the fiscal year 2007-2008. It includes an appropriations for wellness centers such as: (i) Acqusition, infrastructure, constrution and other related costs for the construction of a lifespan wellness center in Moon Township, $10,000,000. (ii) Infastructure improvements and construction for an addition to the Alvernia College Health and Wellness Center $6,000,000. (iii) Construction of a medical-model wellness center at Indiana Regional Medical Center, including acquisition, infrastructure and other related costs, $2,000,000. (iv) Construction, redevelopment and other related costs for the North Pocono High School Health and Wellness Center, $4,000,000. (v) Construction, redevelopment and other related costs for the Lakeland High School Health and Wellness Center, $2,000,000. (vi)Construction of new facilities for the Wellness Community's National Survivorship Research and Training Institute, $5,000,000. (vii) Demolition, acquistion and infrastructure improvements and construction of the AMP Wellness Center and Headquarters, $4,000,000.

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