Bill Text: NY S07529 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts the "living donor protection act of 2016"; prohibits discrimination in the provision of life, accident, health and long-term care 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 3-1)
Status: (Engrossed - Dead) 2016-06-15 - referred to insurance [S07529 Detail]
Download: New_York-2015-S07529-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7529 IN SENATE May 6, 2016 ___________ Introduced by Sens. HANNON, FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 2016" 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 2016". 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 sixteen. 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: 21 (A) decline to provide or limit such benefits due to the status of a 22 covered person as a living organ or tissue donor; 23 (B) preclude a covered person from donating all or part of an organ or 24 tissue as a condition of receiving or continuing to receive such bene- 25 fits; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15120-03-6S. 7529 2 1 (C) consider the status of a covered person as a living organ or 2 tissue donor in the determination of the premium rate for such benefits; 3 or 4 (D) otherwise discriminate in the offering, issuance, cancellation, 5 amount of coverage or any other condition of coverage for such benefits, 6 based solely and without additional actuarial risks, upon a covered 7 person's status as a living organ or tissue donor. 8 (2) As used in this section, the terms "organ" and "tissue" shall have 9 the same meanings as are provided therefor in section forty-three 10 hundred sixty of the public health law. 11 § 4. Section 4224 of the insurance law is amended by adding a new 12 subsection (g) to read as follows: 13 (g)(1) No life insurance company, savings and insurance bank, or acci- 14 dent and health insurer shall: 15 (A) decline to provide or limit coverage of an insured under any life, 16 accident or health insurance policy due to the status of such insured as 17 a living organ or tissue donor; 18 (B) preclude an insured from donating all or part of an organ or 19 tissue as a condition of receiving or continuing to receive life, acci- 20 dent or health insurance coverage; 21 (C) consider the status of an insured as a living organ or tissue 22 donor in the determination of the premium rate for life, accident or 23 health insurance coverage; or 24 (D) otherwise discriminate in the offering, issuance, cancellation, 25 amount of coverage or any other condition of coverage, based solely and 26 without additional actuarial risks, upon an insured's status as a living 27 organ or tissue donor. 28 (2) As used in this section, the terms "organ" and "tissue" shall have 29 the same meanings as are provided therefor in section forty-three 30 hundred sixty of the public health law. 31 § 5. Section 4313 of the insurance law is amended by adding a new 32 subsection (c) to read as follows: 33 (c) Every such corporation shall be subject to the provisions of 34 subsection (g) of section four thousand two hundred twenty-four of this 35 chapter, relating to living organ and tissue donors. 36 § 6. Subdivision 18 of section 201 of the workers' compensation law, 37 as added by section 2 of part SS of chapter 54 of the laws of 2016, is 38 amended to read as follows: 39 18. "Serious health condition" means an illness, injury, impairment, 40 or physical or mental condition, including transplantation preparation 41 and recovery from surgery related to organ or tissue donation, that 42 involves inpatient care in a hospital, hospice, or residential health 43 care facility, continuing treatment or continuing supervision by a 44 health care provider. Continuing supervision by a health care provider 45 includes a period of incapacity which is permanent or long term due to a 46 condition for which treatment may not be effective where the family 47 member is under the continuing supervision of, but need not be receiving 48 active treatment by, a health care provider. 49 § 7. This act shall take effect on the ninetieth day after it shall 50 have become a law.
