The New York State Senate

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

                                  10379

                          I N  A S S E M B L Y

                              May 25, 2016
                               ___________

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

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "living donor protection act of 2016".
  S 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 TRANS-
PLANT COUNCIL AND OTHER INTERESTED PARTIES, SHALL DEVELOP  AND  DISTRIB-
UTE,  IN PRINTED FORM AND ON THE DEPARTMENT'S INTERNET WEBSITE, INFORMA-
TIONAL 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 SIXTEEN.
  S  3.  Section  1117  of  the insurance law is amended by adding a new
subsection (h) to read as follows:
  (H) (1) NO ENTITY OFFERING OR PROVIDING BENEFITS FOR  LONG  TERM  CARE
PURSUANT TO THIS SECTION SHALL:
  (A)  DECLINE  TO PROVIDE OR LIMIT SUCH BENEFITS DUE TO THE STATUS OF A
COVERED PERSON AS A LIVING ORGAN OR TISSUE DONOR;
  (B) PRECLUDE A COVERED PERSON FROM DONATING ALL OR PART OF AN ORGAN OR
TISSUE AS A CONDITION OF RECEIVING OR CONTINUING TO RECEIVE  SUCH  BENE-
FITS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15120-03-6

A. 10379                            2

  (C)  CONSIDER  THE  STATUS  OF  A  COVERED PERSON AS A LIVING ORGAN OR
TISSUE DONOR IN THE DETERMINATION OF THE PREMIUM RATE FOR SUCH BENEFITS;
OR
  (D)  OTHERWISE  DISCRIMINATE  IN THE OFFERING, ISSUANCE, CANCELLATION,
AMOUNT OF COVERAGE OR ANY OTHER CONDITION OF COVERAGE FOR SUCH BENEFITS,
BASED SOLELY AND WITHOUT ADDITIONAL  ACTUARIAL  RISKS,  UPON  A  COVERED
PERSON'S STATUS AS A LIVING ORGAN OR TISSUE DONOR.
  (2) 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.
  S 4. Section 4224 of the insurance law is  amended  by  adding  a  new
subsection (g) to read as follows:
  (G)(1) NO LIFE INSURANCE COMPANY, SAVINGS AND INSURANCE BANK, OR ACCI-
DENT AND HEALTH INSURER SHALL:
  (A) DECLINE TO PROVIDE OR LIMIT COVERAGE OF AN INSURED UNDER ANY LIFE,
ACCIDENT OR HEALTH INSURANCE POLICY DUE TO THE STATUS OF SUCH INSURED AS
A LIVING ORGAN OR TISSUE DONOR;
  (B)  PRECLUDE  AN  INSURED  FROM  DONATING  ALL OR PART OF AN ORGAN OR
TISSUE AS A CONDITION OF RECEIVING OR CONTINUING TO RECEIVE LIFE,  ACCI-
DENT OR HEALTH INSURANCE COVERAGE;
  (C)  CONSIDER  THE  STATUS  OF  AN INSURED AS A LIVING ORGAN OR TISSUE
DONOR IN THE DETERMINATION OF THE PREMIUM RATE  FOR  LIFE,  ACCIDENT  OR
HEALTH INSURANCE COVERAGE; OR
  (D)  OTHERWISE  DISCRIMINATE  IN THE OFFERING, ISSUANCE, CANCELLATION,
AMOUNT OF COVERAGE OR ANY OTHER CONDITION OF COVERAGE, BASED SOLELY  AND
WITHOUT ADDITIONAL ACTUARIAL RISKS, UPON AN INSURED'S STATUS AS A LIVING
ORGAN OR TISSUE DONOR.
  (2) 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.
  S 5. 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
SUBSECTION (G) OF SECTION FOUR THOUSAND TWO HUNDRED TWENTY-FOUR OF  THIS
CHAPTER, RELATING TO LIVING ORGAN AND TISSUE DONORS.
  S  6.  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.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.