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American Cancer Society NYS Legislative Priorities

January 4, 2011

New York State Lawmakers Can Make A Difference in the Fight Against CancerAmerican Cancer Society 2011 NYS Legislative Agenda Tackles Health Care, Tobacco, Obesity and Indoor Tanning

Albany, NY – The American Cancer Society of NY & NJ (ACS) has announced its legislative priorities for the 2011 session of the New York State Legislature.  Advocacy continues to be an effective way to change public policies and implement laws that are effective in reducing the burden of cancer and in preventing cancer.

“We know that this year will be challenging given the on-going fiscal crisis the state faces,” said Russ Sciandra, NYS Advocacy Director, American Cancer Society of NY & NJ.  “But there are opportunities for lawmakers to save money by investing in tobacco and obesity prevention, funding cancer screening services, and to generate revenue through collection of taxes on cigarettes sold to non-Indians on reservations.  And this year New York will begin to restructure the health insurance system as we prepare for full implementation of the Affordable Care Act in 2014.”

Priorities include:

Access to Health Care
The new Patient Protection & Affordable Care Act (ACA) mandates that every state establish a health insurance exchange in which individuals and small businesses can buy health insurance from a number of providers.  As a strong supporter of the Federal law, ACS will work to ensure that its implementation in New York protects cancer patients and enhances prevention opportunities to the maximum.  New York also will need to make changes in its insurance laws and the Medicaid program to conform to the new Federal mandate.
 
Medicaid Coverage for Smoking Cessation
The ACA gives states the opportunity to expand smoking cessation benefits to all Medicaid recipients.  Currently, New York provides full coverage only to pregnant women, new mothers, and children. ACS will fight for the full range of benefits for all Medicaid patients

Cancer Screening for the Uninsured
Even after the health care law is fully implemented in 2014, thousands of New Yorkers still will lack insurance coverage.  That is why maintaining a strong NYS Cancer Services Program, offering no cost breast, cervical and colon screening to the uninsured, is critical.  State funding levels have fluctuated in recent years and the program must be strongly supported and adequately funded.

Tobacco
New York’s adult smoking prevalence is at 18%, but the steady decline in smoking New York has enjoyed in the past decade has stalled, a direct result of cuts in funding to the NYS Tobacco Control Program.  Smoking remains the number one cause of cancer death in the state.

Protect Tobacco Prevention Program Funding
ACS will urge lawmakers to hold harmless the NYS Tobacco Control Program budget at $58.4 million.  In the past two years of budget austerity, state funding for the Tobacco Control Program has been reduced 30 percent, a cut far disproportionate to that suffered by other health programs.  Annual funding now is less than one fourth the level of support recommended for New York by the US Centers for Disease Control.  Not surprisingly, cuts to the program’s budget have been followed by increases in the smoking rate.  New York, briefly a leader among states in cutting adult and teen smoking, has returned to the middle of the pack.

Tobacco Tax Evasion
ACS will continue to support state efforts to collect excise taxes on cigarettes sold and smuggled off Indian reservations.  At least one-third of all packs sold in NYS are untaxed, in part counter-acting the positive public health effect of the state’s $4.35 excise tax, now the highest in the nation.  ACS has filed friend of the court briefs supporting the state’s position in several suits brought by Indian tribes seeking to block it from collecting the tax on cigarette sales to non-Indians.

Protect New Yorkers from Secondhand Smoke
A growing body of evidence shows that even low-level exposure to tobacco smoke is harmful.  There is broad public support for further smoking restrictions.  ACS supports enactment of legislation that bans smoking in cars occupied by children.  We also will promote legislation restricting smoking around building entrances and in outdoor areas where nonsmokers are at risk, such as parks and playgrounds, and will encourage implementation of smoke free policies in multiple unit dwellings.

Regulate Tobacco Industry Marketing
Ban the sale of candy and fruit-flavored tobacco products and of so-called electronic cigarettes not FDA approved.

Obesity Prevention
An estimated 1 out of every 3 cancers in the US is linked to excess body weight, poor nutrition, or physical inactivity. While these factors are all related and may all contribute to cancer risk, body weight seems to have the strongest evidence linking it to cancer. Excess body weight contributes to 14% to 20% of all cancer-related deaths.

Sugar-Sweetened Beverage Tax, Pilot Project
Sugar-sweetened beverages are a prime source of non-value added calories, and contribute disproportionately to America’s obesity epidemic.  ACS believes there is strong evidence an excise tax on sugar-sweetened beverages will discourage consumption and help slow the unhealthy trend of more and more Americans overweight and obese.  Based on our experience with tobacco, a sugar-sweetened beverage tax can improve public health while helping address the state’s fiscal shortfall.

Indoor Tanning
In the summer of 2009, the International Agency for Research on Cancer (IARC) raised the classification of UV-emitting indoor tanning devices to the highest level of cancer risk (Group1) “carcinogenic to humans,” the same category as benzene, asbestos and cigarette smoke.  Scientific data now shows that tanning bed use under the age of 30 increases the risk of melanoma by 75%.

Teens in Tanning Salons

ACS will fight for legislation that bans tanning bed use by persons under the age of 18.