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S2496Senate2017-2018 SessionSame asA297

Protect Living Organ Donors

Official title

“Enacts the "living donor protection act of 2018"”

Sponsor Kemp HannonSD-6+23 co-sponsorsAffects Finance
Status
Signed by Governor
Impact
6/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill prohibits insurance discrimination against living organ and tissue donors and expands protections and benefits for them.

Why it matters

  1. Mandates that information about living organ and tissue donation—including benefits, impacts on insurance, tax incentives, and legal protections—be developed and widely distributed by the state. This could increase public awareness and help potential donors make more informed decisions.

  2. Explicitly prohibits life and health insurance companies from denying or limiting coverage, or charging higher premiums, solely because someone is a living organ or tissue donor. This addresses a significant barrier and concern for potential donors who fear negative repercussions to their insurance status.

  3. Extends family leave protections to include time off for transplantation preparation and recovery as a “serious health condition.”. This means living donors are more likely to have job-protected leave during their recovery, reducing financial and employment-related disincentives to donation.

  4. Requires insurance companies and health plans to comply with these anti-discrimination provisions, creating uniform protections across the industry. This ensures that all living donors are protected, regardless of their specific insurance provider.

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Who cares

Headline styles

Protect Living Organ Donors

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kemp Hannon

Senator · Senate District 6

Chair, Health

History

  1. Signed chap.331
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.400
  6. Substituted for A297C
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Ordered to third reading cal.1931
  11. Reported and committed to rules
  12. Reported and committed to finance
Show 15 earlier actions
  1. Print number 2496b
  2. Amend and recommit to health
  3. Print number 2496a
  4. Amend (t) and recommit to health
  5. Referred to health
  6. Returned to senate
  7. Died in assembly
  8. Referred to insurance
  9. Delivered to assembly
  10. Passed senateVote 60–0
  11. Advanced to third reading
  12. 2nd report cal.
  13. 1st report cal.612
  14. Reported and committed to finance
  15. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A297Assembly

Protect Living Organ Donors

Assembly Floor Calendar · Sponsor Aileen Gunther

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

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… Show all

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 workers' 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 Assembly, do enact as follows:

Section 1. Short title. This act shall be known and may be cited as the "living donor protection act of 2018".

§ 2. Section 4365 of the public health law is amended by adding a new subdivision 8 to read as follows:

8. The commissioner, in cooperation and consultation with the transplant council and other interested parties, shall develop and distribute, in printed form and on the department's internet website, informational materials relating to the live donation of organs and tissue, including, but not limited to:

(a) the benefits of live organ and tissue donation;

(b) the impact of the donation of organs or tissue on the donors' access to insurance and assistance;

(c) the reduction in federal adjusted gross income, for state personal income tax purposes, granted to living organ and tissue donors; and

(d) the protections and benefits granted pursuant to the living donor 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

§ 3. The insurance law is amended by adding a new section 2616 to read as follows:

§ 2616. Discrimination because of status as a living organ or tissue donor. (a) No insurer or entity authorized to do the kinds of business specified in paragraph one or three of subsection (a) of section one thousand one hundred thirteen of this chapter shall decline to provide or limit coverage of an insured under any life or accident and health insurance policy or otherwise discriminate in the premium rating, offering, issuance, cancellation, amount of coverage or any other condition, based solely upon the status of an insured as a living organ or tissue donor and without additional actuarial risks.

(b) No insurer or entity authorized to do the kinds of business specified in paragraph one or three of subsection (a) of section one thousand one hundred thirteen of this chapter shall preclude an insured from donating all or part of an organ or tissue as a condition or receiving or continuing to receive life or accident and health insurance coverage.

(c) As used in this section, the terms "organ" and "tissue" shall have the same meanings as are provided therefor in section forty-three hundred sixty of the public health law.

§ 4. Section 4313 of the insurance law is amended by adding a new subsection (c) to read as follows:

(c) Every such corporation shall be subject to the provisions of section two thousand six hundred sixteen of this chapter, relating to living organ and tissue donors.

§ 5. Subdivision 18 of section 201 of the workers' compensation law, as added by section 2 of part SS of chapter 54 of the laws of 2016, is amended to read as follows:

18. "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider. Continuing supervision by a health care provider includes a period of incapacity which is permanent or long term due to a condition for which treatment may not be effective where the family member is under the continuing supervision of, but need not be receiving active treatment by, a health care provider.

§ 6. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public health law, the insurance law and the workers' 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 one of the bill identifies the act to be known as the "Living Donor Protection Act of 2018"

Section two of the bill amends the Public Health Law to direct the Commissioner, in cooperation with the Transplant Council and other interested parties to develop and distribute information on live organ donation.

Sections three and four of the bill amend various sections of the Insur- ance Law to clarify that no insurer shall discriminate because of an individual's status as a living organ or tissue donor.

Section five 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 six 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. 2017: S.2496-A - Passed Senate, died in Assembly.

Fiscal implications

None

Effective date

The 90th day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.