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A00297 Summary:

BILL NOA00297C
 
SAME ASSAME AS S02496-B
 
SPONSORGunther
 
COSPNSROrtiz, Titone, Simon, Galef, Taylor, Castorina, Wallace
 
MLTSPNSR
 
Amd 4365, Pub Health L; add 2616, amd 4313, Ins L; amd 201, Work Comp L
 
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.
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A00297 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A297C
 
SPONSOR: Gunther
  TITLE OF BILL: 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"   PURPOSE: To ensure that New Yorkers receive reliable and accurate information about live organ donation and to ensure that those who donate are protected against insurance discrimination and benefit from paid family leave.   SUMMARY OF PROVISIONS: Section 1 of the bill identifies the act to be known as the "Living Donor Protection Act of 2018" Section 2 of the bill amends the public health law to direct the commis- sioner, in cooperation with the transplant council and other interested parties to develop and distribute information on live organ donation. Sections 3 amends the insurance law by adding a new subsection 2616 that prohibits insurance corporations from discriminating against and refus- ing to provide coverage to organ donors, or prohibiting their customers from being organ donors. Section 3 also defines the terms "organ" and "tissue". Section 4 of the bill amends the insurance law by adding subsection C to section 4313 to require that all insurance providers be subject to these provisions. Section 5 of the bill amends the workers' compensation law to include transplantation preparation and recovery related to organ or tissue donation among those "serious health conditions" covered under paid family leave. Section 6 of the bill provides for an effective date.   JUSTIFICATION: Giving the gift of life in the form of organ or tissue donation is the ultimate gift. This is particularly true for those individuals who are live donors. They not only sacrifice part of their body for another, they must go through medical procedures, healing and other hardships in order to give the gift of life. In New York State each year about a thousand individuals agree to donate tissues and organs and become living donors. While New York State has a tax deduction and other efforts to try and support these donors, much more needs to be done. This bill directs the commissioner, in cooper- ation with other stakeholders, to work on public education and outreach about living organ donation. It also expressly makes clear that no indi- vidual who chooses to become a living donor should experience insurance discrimination and they and their family should benefit from the paid family leave law. Giving the gift of life, particularly as a living donor, is a huge sacrifice. It is in everyone's interest that people who make this choice have good information and supports to do so. The Living Donor Protection Act of 2018 does just that.   LEGISLATIVE HISTORY: 2016: S.7529 - Passed Senate, died in Assembly.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: The 90th day after it shall have become law.
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A00297 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         297--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  M.  of  A. GUNTHER, ORTIZ, TITONE, SIMON, GALEF, TAYLOR,
          CASTORINA -- read once and referred to the Committee on  Insurance  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee  --  recommitted  to  the  Committee  on
          Insurance  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, 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. The insurance law is amended by adding a new section 2616 to read
    18  as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03670-08-8

        A. 297--C                           2
 
     1    § 2616. Discrimination because of status as a living organ  or  tissue
     2  donor.  (a)  No insurer or entity authorized to do the kinds of business
     3  specified in paragraph one or three of subsection  (a)  of  section  one
     4  thousand  one  hundred thirteen of this chapter shall decline to provide
     5  or  limit  coverage  of an insured under any life or accident and health
     6  insurance policy or otherwise discriminate in the premium rating, offer-
     7  ing, issuance, cancellation, amount of coverage or any other  condition,
     8  based  solely  upon the status of an insured as a living organ or tissue
     9  donor and without additional actuarial risks.
    10    (b) No insurer or entity authorized to do the kinds of business speci-
    11  fied in paragraph one or three of subsection (a) of section one thousand
    12  one hundred thirteen of this chapter  shall  preclude  an  insured  from
    13  donating  all  or part of an organ or tissue as a condition or receiving
    14  or continuing to receive life or accident and health insurance coverage.
    15    (c) As used in this section, the terms "organ" and "tissue" shall have
    16  the same meanings  as  are  provided  therefor  in  section  forty-three
    17  hundred sixty of the public health law.
    18    §  4.  Section  4313  of  the insurance law is amended by adding a new
    19  subsection (c) to read as follows:
    20    (c) Every such corporation shall  be  subject  to  the  provisions  of
    21  section  two  thousand  six hundred sixteen of this chapter, relating to
    22  living organ and tissue donors.
    23    § 5. Subdivision 18 of section 201 of the workers'  compensation  law,
    24  as  added  by section 2 of part SS of chapter 54 of the laws of 2016, is
    25  amended to read as follows:
    26    18. "Serious health condition" means an illness,  injury,  impairment,
    27  or  physical  or mental condition, including transplantation preparation
    28  and recovery from surgery related to  organ  or  tissue  donation,  that
    29  involves  inpatient  care  in a hospital, hospice, or residential health
    30  care facility, continuing  treatment  or  continuing  supervision  by  a
    31  health  care  provider. Continuing supervision by a health care provider
    32  includes a period of incapacity which is permanent or long term due to a
    33  condition for which treatment may not  be  effective  where  the  family
    34  member is under the continuing supervision of, but need not be receiving
    35  active treatment by, a health care provider.
    36    §  6.  This  act shall take effect on the ninetieth day after it shall
    37  have become a law.
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