§ 263. Department authorized to study obesity – report. 1. The 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:

Terms Used In N.Y. Public Health Law 263

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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 twenty-seven kilograms per meter squared and the person suffers from one or more of the following conditions or diseases:

    1. See N.Y. Public Health Law 262

a. The effectiveness of existing methods for treating or preventing obesity;

b. The effectiveness of alternate methods for treating or preventing obesity;

c. 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 department is authorized to fund the research authorized in subdivision one 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 department if it is subject to conditions that are inconsistent with this title or any other laws of this state. The department shall have the power to direct the disposition of any such gift, grant, or donation for the purposes of this title.

3. After completion of the research authorized in subdivision one of this section, the department shall submit a report and supporting materials to the governor and the legislature by June first of the following year.