S T A T E   O F   N E W   Y O R K
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                                  2488

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M.  of  A.  HOYT, CONTE -- read once and referred to the
  Committee on Insurance

AN ACT to amend the social services law,  in  relation  to  making  live
  organ  donors  eligible  for free coverage from family health plus; to
  amend the insurance law, in relation to providing for a free term life
  insurance policy for live organ donors; and  to  amend  the  education
  law,  in  relation  to  creating  a post-graduation tuition assistance
  program for live organ donors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of subdivision 2 of section 369-ee of the
social services law is amended by adding a new subparagraph (vi) to read
as follows:
  (VI) HAS DONATED AN ORGAN IN THE PREVIOUS TWELVE MONTHS. AN INDIVIDUAL
ELIGIBLE UNDER THIS PARAGRAPH SHALL BE ELIGIBLE FOR HEALTH CARE SERVICES
UNDER THIS SECTION NOTWITHSTANDING ANY ADDITIONAL  ELIGIBILITY  REQUIRE-
MENTS  OUTLINED  IN  THIS SUBDIVISION. SUCH PERSON SHALL BE ELIGIBLE FOR
HEALTH CARE SERVICES UNDER THIS SECTION  WITHOUT  PAYMENT  OF  PREMIUMS;
PROVIDED,  HOWEVER, THAT SUCH PERSON SHALL BE RESPONSIBLE FOR PAYMENT OF
CO-PAYMENTS AND  OTHERWISE  SUBJECT  TO  THE  LIMITATIONS  OF  COST  AND
SERVICES PROVIDED FOR IN THIS SECTION.
  S 2. The insurance law is amended by adding a new section 3240 to read
as follows:
  S  3240.  TERM LIFE INSURANCE FOR ORGAN DONATION. 1. AN INDIVIDUAL WHO
HAS MADE A LIVE DONATION TO A REGISTERED ORGAN DONATION ORGANIZATION  OR
REGISTRY  SHALL  RECEIVE  A  FIVE  YEAR TERM LIFE INSURANCE POLICY, UPON
APPLICATION TO THE DEPARTMENT, SO LONG AS SUCH APPLICATION  IS  RECEIVED
WITHIN  TWELVE MONTHS OF THE DATE OF DONATION. SUCH APPLICATION SHALL BE
ON FORMS PRESCRIBED BY THE SUPERINTENDENT.
  2. THE TERMS AND CONDITIONS OF SUCH POLICY SHALL BE PROMULGATED BY THE
SUPERINTENDENT, AS WELL AS  WHETHER  SUCH  POLICY  SHALL  BE  RENEWABLE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07466-01-1
              

A. 2488                             2

PROVIDED,  HOWEVER,  THAT  NO PERSON ELIGIBLE FOR SUCH POLICY UNDER THIS
SECTION SHALL BE REQUIRED TO PASS OR OTHERWISE BE SUBJECT  TO  A  PHYSI-
CIAN'S  EXAMINATION; PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY CONSIDER
SUCH  INDIVIDUAL'S  HEALTH  HISTORY  AND  MEDICAL  RECORDS FOR ACTUARIAL
PURPOSES.
  S 3. The education law is amended by adding a  new  section  667-b  to
read as follows:
  S  667-B.  POST-GRADUATION  TUITION ASSISTANCE PROGRAM. 1.   RECIPIENT
QUALIFICATIONS. AN INDIVIDUAL WHO HAS MADE A LIVE DONATION TO  A  REGIS-
TERED ORGAN DONATION ORGANIZATION OR REGISTRY SHALL BE ELIGIBLE TO APPLY
FOR  A  POST-GRADUATION TUITION ASSISTANCE PROGRAM GRANT FOR THE PURPOSE
OF AMELIORATION OF STUDENT LOAN DEBT.
  2. OPERATION. (A) THE POST-GRADUATION TUITION ASSISTANCE PROGRAM SHALL
BE GOVERNED BY ALL LAW, RULES AND REGULATIONS PERTAINING TO THE  TUITION
ASSISTANCE PROGRAM PROVIDED HOWEVER:
  (I)  ELIGIBILITY FOR POST-GRADUATION TUITION ASSISTANCE PROGRAM AWARDS
SHALL BE LIMITED TO INDIVIDUALS WHO HAVE RECEIVED AN ASSOCIATE'S,  BACH-
ELOR'S,  OR  GRADUATE DEGREE FROM AN ACCREDITED DEGREE GRANTING INSTITU-
TION;
  (II) MONIES DISBURSED UNDER THIS SECTION SHALL BE MADE PAYABLE DIRECT-
LY TO A STUDENT LOAN PROVIDER FOR THE PURPOSE OF RETIRING SUCH DEBT;
  (III) NO INDIVIDUAL SHALL BE ELIGIBLE  FOR  MORE  THAN  ONE  GRANT  AS
PROVIDED FOR UNDER THIS SECTION.
  (B)  POST-GRADUATION TUITION ASSISTANCE PROGRAM GRANTS SHALL BE AVAIL-
ABLE SUBJECT TO THE FOLLOWING LIMITATIONS:
  (I) FOR ELIGIBLE  INDIVIDUALS  WITH  LESS  THAN  TWENTY-FIVE  THOUSAND
DOLLARS  IN  OUTSTANDING  STUDENT LOAN DEBT SUCH GRANTS SHALL NOT EXCEED
SEVEN THOUSAND FIVE HUNDRED DOLLARS;
  (II) FOR ELIGIBLE INDIVIDUALS  WITH  MORE  THAN  TWENTY-FIVE  THOUSAND
DOLLARS BUT LESS THAN FIFTY THOUSAND DOLLARS IN OUTSTANDING STUDENT LOAN
DEBT SUCH GRANTS SHALL NOT EXCEED TEN THOUSAND DOLLARS;
  (III)  FOR  ELIGIBLE INDIVIDUALS WITH MORE THAN FIFTY THOUSAND DOLLARS
IN OUTSTANDING STUDENT LOAN DEBT SUCH GRANTS  SHALL  NOT  EXCEED  TWELVE
THOUSAND FIVE HUNDRED DOLLARS.
  3.  REGULATIONS.  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.