Bill Text: NY S02496 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Enacts the "living donor protection act of 2018"; prohibits discrimination in the provision of life, accident, and health insurance based on the status of an insured as a living organ or tissue donor; authorizes the provision of family leave to provide care during transplantation preparation and recovery from surgery related to organ or tissue donation; and directs the commissioner of health to develop and distribute informational materials relating to the benefits of being a living organ or tissue donor.

Spectrum: Slight Partisan Bill (Republican 17-7)

Status: (Passed) 2018-11-05 - SIGNED CHAP.331 [S02496 Detail]

Download: New_York-2017-S02496-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         2496--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by Sens. HANNON, AKSHAR, ALCANTARA, AMEDORE, AVELLA, BROOKS,
          CARLUCCI, DeFRANCISCO, FLANAGAN, FUNKE, GALLIVAN,  HAMILTON,  HELMING,
          JACOBS,  KAMINSKY, LARKIN, MARCHIONE, O'MARA, ORTT, RANZENHOFER, SERI-
          NO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT  to amend the public health law, the insurance law and the work-
          ers' compensation law, in  relation  to  enacting  the  "living  donor
          protection act of 2018"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "living donor protection act of 2018".
     3    §  2. Section 4365 of the public health law is amended by adding a new
     4  subdivision 8 to read as follows:
     5    8. The commissioner, in cooperation and consultation with  the  trans-
     6  plant  council  and other interested parties, shall develop and distrib-
     7  ute, in printed form and on the department's internet website,  informa-
     8  tional  materials  relating  to  the live donation of organs and tissue,
     9  including, but not limited to:
    10    (a) the benefits of live organ and tissue donation;
    11    (b) the impact of the donation of organs  or  tissue  on  the  donors'
    12  access to insurance and assistance;
    13    (c) the reduction in federal adjusted gross income, for state personal
    14  income tax purposes, granted to living organ and tissue donors; and
    15    (d)  the protections and benefits granted pursuant to the living donor
    16  protection act of two thousand eighteen.
    17    § 3. Section 1117 of the insurance law is  amended  by  adding  a  new
    18  subsection (h) to read as follows:
    19    (h)  (1)  No  entity offering or providing benefits for long term care
    20  pursuant to this section shall:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03670-04-8
        S. 2496--A                          2
     1    (A) decline to provide or limit such benefits due to the status  of  a
     2  covered person as a living organ or tissue donor;
     3    (B) preclude a covered person from donating all or part of an organ or
     4  tissue  as  a condition of receiving or continuing to receive such bene-
     5  fits;
     6    (C) consider the status of a covered  person  as  a  living  organ  or
     7  tissue donor in the determination of the premium rate for such benefits;
     8  or
     9    (D)  otherwise  discriminate  in the offering, issuance, cancellation,
    10  amount of coverage or any other condition of coverage for such benefits,
    11  based solely and without additional  actuarial  risks,  upon  a  covered
    12  person's status as a living organ or tissue donor.
    13    (2) As used in this section, the terms "organ" and "tissue" shall have
    14  the  same  meanings  as  are  provided  therefor  in section forty-three
    15  hundred sixty of the public health law.
    16    § 4. Section 4224 of the insurance law is  amended  by  adding  a  new
    17  subsection (g) to read as follows:
    18    (g)(1) No life insurance company, savings and insurance bank, or acci-
    19  dent and health insurer shall:
    20    (A) decline to provide or limit coverage of an insured under any life,
    21  accident or health insurance policy due to the status of such insured as
    22  a living organ or tissue donor;
    23    (B)  preclude  an  insured  from  donating  all or part of an organ or
    24  tissue as a condition of receiving or continuing to receive life,  acci-
    25  dent or health insurance coverage;
    26    (C)  consider  the  status  of  an insured as a living organ or tissue
    27  donor in the determination of the premium rate  for  life,  accident  or
    28  health insurance coverage; or
    29    (D)  otherwise  discriminate  in the offering, issuance, cancellation,
    30  amount of coverage or any other condition of coverage, based solely  and
    31  without additional actuarial risks, upon an insured's status as a living
    32  organ or tissue donor.
    33    (2) As used in this section, the terms "organ" and "tissue" shall have
    34  the  same  meanings  as  are  provided  therefor  in section forty-three
    35  hundred sixty of the public health law.
    36    § 5. Section 4313 of the insurance law is  amended  by  adding  a  new
    37  subsection (c) to read as follows:
    38    (c)  Every  such  corporation  shall  be  subject to the provisions of
    39  subsection (g) of section four thousand two hundred twenty-four of  this
    40  chapter, relating to living organ and tissue donors.
    41    §  6.  Subdivision 18 of section 201 of the workers' compensation law,
    42  as added by section 2 of part SS of chapter 54 of the laws of  2016,  is
    43  amended to read as follows:
    44    18.  "Serious  health condition" means an illness, injury, impairment,
    45  or physical or mental condition, including  transplantation  preparation
    46  and  recovery  from  surgery  related  to organ or tissue donation, that
    47  involves inpatient care in a hospital, hospice,  or  residential  health
    48  care  facility,  continuing  treatment  or  continuing  supervision by a
    49  health care provider. Continuing supervision by a health  care  provider
    50  includes a period of incapacity which is permanent or long term due to a
    51  condition  for  which  treatment  may  not be effective where the family
    52  member is under the continuing supervision of, but need not be receiving
    53  active treatment by, a health care provider.
    54    § 7. This act shall take effect on the ninetieth day  after  it  shall
    55  have become a law.