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.
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.
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.
