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S02496 Summary:

S02496 Actions:

S02496 Committee Votes:

S02496 Floor Votes:

S02496 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2496--B
 
                               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 -- 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03670-09-8
        S. 2496--B                          2
 
     1    §  3.    The  insurance law is amended by adding a new section 2616 to
     2  read as follows:
     3    §  2616.  Discrimination because of status as a living organ or tissue
     4  donor. (a) No insurer or entity authorized to do the kinds  of  business
     5  specified  in  paragraph  one  or three of subsection (a) of section one
     6  thousand one hundred thirteen of this chapter shall decline  to  provide
     7  or  limit  coverage  of an insured under any life or accident and health
     8  insurance policy or otherwise discriminate in the premium rating, offer-
     9  ing, issuance, cancellation, amount of coverage or any other  condition,
    10  based  solely  upon the status of an insured as a living organ or tissue
    11  donor and without additional actuarial risks.
    12    (b) No insurer or entity authorized to do the kinds of business speci-
    13  fied in paragraph one or three of subsection (a) of section one thousand
    14  one hundred thirteen of this chapter  shall  preclude  an  insured  from
    15  donating  all  or part of an organ or tissue as a condition or receiving
    16  or continuing to receive life or accident and health insurance coverage.
    17    (c) As used in this section, the terms "organ" and "tissue" shall have
    18  the same meanings  as  are  provided  therefor  in  section  forty-three
    19  hundred sixty of the public health law.
    20    §  4.  Section  4313  of  the insurance law is amended by adding a new
    21  subsection (c) to read as follows:
    22    (c) Every such corporation shall  be  subject  to  the  provisions  of
    23  section  two  thousand  six hundred sixteen of this chapter, relating to
    24  living organ and tissue donors.
    25    § 5. Subdivision 18 of section 201 of the workers'  compensation  law,
    26  as  added  by section 2 of part SS of chapter 54 of the laws of 2016, is
    27  amended to read as follows:
    28    18. "Serious health condition" means an illness,  injury,  impairment,
    29  or  physical  or mental condition, including transplantation preparation
    30  and recovery from surgery related to  organ  or  tissue  donation,  that
    31  involves  inpatient  care  in a hospital, hospice, or residential health
    32  care facility, continuing  treatment  or  continuing  supervision  by  a
    33  health  care  provider. Continuing supervision by a health care provider
    34  includes a period of incapacity which is permanent or long term due to a
    35  condition for which treatment may not  be  effective  where  the  family
    36  member is under the continuing supervision of, but need not be receiving
    37  active treatment by, a health care provider.
    38    §  6.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law.