assembly Bill A10379

2015-2016 Legislative Session

Enacts the "living donor protection act of 2016"

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2016 referred to insurance

Co-Sponsors

A10379 (ACTIVE) - Details

See Senate Version of this Bill:
S7529
Current Committee:
Assembly Insurance
Law Section:
Public Health Law
Laws Affected:
Amd §4365, Pub Health L; amd §§1117, 4224 & 4313, Ins L; amd §201, Work Comp L
Versions Introduced in 2017-2018 Legislative Session:
A297, S2496

A10379 (ACTIVE) - Summary

Enacts the "living donor protection act of 2016"; prohibits discrimination in the provision of life, accident, health and long-term care 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.

A10379 (ACTIVE) - Bill Text download pdf

                    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

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