GOOD GOD – the report is correct!!!
Time to hire the “Fat Police”
Here is the bill in it’s entirety – sorry for the length!
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Second Regular Session
Sixty-second General Assembly
LLS NO. 000398.02 Jery Payne SENATE BILL 00-034
STATE OF COLORADO
BY SENATOR Tanner
A BILL FOR AN ACT
CONCERNING THE POLICY OF ADDRESSING THE DISEASE OF OBESITY IN A MEDICALLY APPROPRIATE MANNER.
Bill Summary
(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)
Declares the seriousness of obesity problems. Classifies obesity as a disease and defines the term. Makes treating and preventing obesity the policy of the state. Authorizes the department of health care policy and financing to study the effectiveness and effects of treating and preventing obesity. Requires the department to make a report to the general assembly after such study is completed if the department undertakes such a study.
Provides for alternative funding.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 10 Article 1 of title 25.5, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:
PART 6
OBESITY PREVENTION
25.51601. Short title. THIS PART 6 SHALL BE KNOWN AND MAY BE CITED AS THE “OBESITY PREVENTION ACT”.
25.51602. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT OBESITY IS A SERIOUS MEDICAL PROBLEM AFFECTING UP TO ONETHIRD OF ALL AMERICANS. IN ADDITION, A 1997 KAISER PERMANENTE STUDY CONCLUDED THAT THERE IS A SIGNIFICANT POTENTIAL FOR A REDUCTION IN HEALTH CARE EXPENDITURES THROUGH OBESITY PREVENTION. IN ADDITION:
(a) OBESITY IS KNOWN TO CAUSE OR EXACERBATE A NUMBER OF SERIOUS DISORDERS INCLUDING HYPERTENSION, DYSLIPIDEMIA, CARDIOVASCULAR DISEASE, DIABETES, RESPIRATORY DYSFUNCTION, GOUT, AND OSTEOARTHRITIS;
(b) NEARLY EIGHTY PERCENT OF PATIENTS WITH DIABETES MELLITUS ARE OBESE;
© NEARLY SEVENTY PERCENT OF DIAGNOSED CASES OF CARDIOVASCULAR DISEASE ARE RELATED TO OBESITY; AND
(d) OBESITY RANKS SECOND ONLY TO SMOKING AS A PREVENTABLE CAUSE OF DEATH, WITH SOME THREE HUNDRED THOUSAND DEATHS ANNUALLY ATTRIBUTABLE TO OBESITY.
25.51603. Definitions. AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) “OBESITY” MEANS THE CONDITION IN WHICH A PERSON’S BODY MASS INDEX IS AT LEAST THIRTY KILOGRAMS PER METER SQUARED, OR WHERE A PERSON’S BODY MASS INDEX IS AT LEAST TWENTYSEVEN KILOGRAMS PER METER SQUARED AND THE PERSON SUFFERS FROM ONE OR MORE OF THE FOLLOWING CONDITIONS OR DISEASES:
(a) TYPE II DIABETES;
(b) IMPAIRED GLUCOSE TOLERANCE;
© HYPERINSULINEMIA;
(d) DYSLIPIDEMIA;
(e) HYPERTENSION;
(f) CARDIOVASCULAR DISEASE;
(g) CEREBROVASCULAR DISEASE;
(h) OSTEOARTHRITIS OF THE HIPS OR KNEES;
(i) SLEEP APNEA;
(j) GASTRIC REFLUX DISEASE; OR
(k) GALL BLADDER DISEASE.
25.51604. Classification of obesity as a disease. THE STATE DEPARTMENT SHALL CLASSIFY OBESITY AS A DISEASE.
25.51605. Policy of preventing and treating obesity. THE POLICY OF THE STATE AND THE STATE DEPARTMENT SHALL BE TO PROVIDE THE APPROPRIATE AND NECESSARY MEDICAL CARE, AS DETERMINED BY A PHYSICIAN, TO PREVENT OR TREAT OBESITY.
25.51606. Department authorized to study obesity report. (1) THE STATE DEPARTMENT IS AUTHORIZED TO SAMPLE AND COLLECT DATA ON INDIVIDUAL CASES WHERE OBESITY IS BEING ACTIVELY TREATED AND TO ANALYZE SUCH DATA IN ORDER TO EVALUATE THE IMPACT OF TREATING OBESITY. SUCH DATA COLLECTION AND ANALYSIS SHALL INCLUDE THE FOLLOWING:
(a) THE EFFECTIVENESS OF EXISTING METHODS FOR TREATING OR PREVENTING OBESITY;
(b) THE EFFECTIVENESS OF ALTERNATE METHODS FOR TREATING OR PREVENTING OBESITY;
© THE FISCAL IMPACT OF TREATING OR PREVENTING OBESITY;
(d) THE COMPLIANCE AND COOPERATION OF PATIENTS WITH VARIOUS METHODS OF TREATING OR PREVENTING OBESITY; OR
(e) THE REDUCTION IN SERIOUS MEDICAL PROBLEMS ASSOCIATED WITH DIABETES THAT RESULTS FROM TREATING OR PREVENTING OBESITY.
(2) THE STATE DEPARTMENT IS AUTHORIZED TO FUND THE RESEARCH AUTHORIZED IN SUBSECTION (1) OF THIS SECTION FROM GIFTS, GRANTS, AND DONATIONS FROM INDIVIDUALS, PRIVATE ORGANIZATIONS, FOUNDATIONS, OR ANY GOVERNMENTAL UNIT; EXCEPT THAT NO GIFT, GRANT, OR DONATION MAY BE ACCEPTED BY THE STATE DEPARTMENT IF IT IS SUBJECT TO CONDITIONS THAT ARE INCONSISTENT WITH THIS PART 6 OR ANY OTHER LAWS OF THIS STATE. THE STATE DEPARTMENT SHALL HAVE THE POWER TO DIRECT THE DISPOSITION OF ANY SUCH GIFT, GRANT, OR DONATION FOR THE PURPOSES OF THIS PART 6.
(3) AFTER COMPLETION OF THE RESEARCH AUTHORIZED IN SUBSECTION (1) OF THIS SECTION, THE STATE DEPARTMENT SHALL SUBMIT A REPORT AND SUPPORTING MATERIALS TO THE LEGISLATIVE COUNCIL OF THE GENERAL ASSEMBLY BY JUNE 1 OF THE FOLLOWING YEAR. A COPY OF THE REPORT SHALL BE MADE AVAILABLE TO EACH MEMBER OF THE GENERAL ASSEMBLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 241136, C.R.S.
SECTION 20 Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.