NY State Senate Bill S7529

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2016	referred to insurance delivered to assembly passed senate
Jun 08, 2016	ordered to third reading cal.1585
Jun 07, 2016	reported and committed to rules
May 24, 2016	reported and committed to finance
May 06, 2016	referred to health

Votes

view votes

Jun 15, 2016 - floor Vote

S7529

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2016 - Rules committee Vote

S7529

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 7, 2016 - Finance committee Vote

S7529

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2016 - Health committee Vote

S7529

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S7529 (ACTIVE) - Details

See Assembly Version of this Bill:: A10379
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:: S2496, A297

S7529 (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.

S7529 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7529

 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 2016"

 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 2016"

Section 2 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 3, 4 and 5 of the bill amend various sections of the
insurance law to clarify that no entity offering or providing long
term care insurance, health insurance, or life insurance shall

discriminate in offering, issuing cancelling or providing coverage due
to an individual's status as a living organ or tissue donor.

Section 6 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 7 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 cooperation with other stakeholders, to work on
public education and outreach about living organ donation. It also
expressly makes clear that no individual who chooses to become a
living donor should experience insurance discrimination and they and
their family should benefit from the recently enacted 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 2016 does just that.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
The 90th day after it shall have become law.

S7529 (ACTIVE) - Bill Text download pdf

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

                                  7529

                            I N  S E N A T E

                               May 6, 2016
                               ___________

Introduced  by Sens. HANNON, FLANAGAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

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

S. 7529                             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.

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The New York State Senate

senate Bill S7529

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 24, 2016 - Health committee Vote

Health Committee Vote: May 24, 2016

Co-Sponsors

S7529 (ACTIVE) - Details

S7529 (ACTIVE) - Summary

S7529 (ACTIVE) - Sponsor Memo

S7529 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7529

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 15, 2016 - floor Vote

Floor Vote: Jun 15, 2016

Jun 8, 2016 - Rules committee Vote

Rules Committee Vote: Jun 8, 2016

Jun 7, 2016 - Finance committee Vote

Finance Committee Vote: Jun 7, 2016

May 24, 2016 - Health committee Vote

Health Committee Vote: May 24, 2016

Co-Sponsors

John J. Flanagan

David Carlucci

William J. Larkin, Jr.

S7529 (ACTIVE) - Details

S7529 (ACTIVE) - Summary

S7529 (ACTIVE) - Sponsor Memo

S7529 (ACTIVE) - Bill Text download pdf

Comments