NY State Senate Bill S2496B

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (27)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 05, 2018	signed chap.331
Oct 24, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.400 substituted for a297c
Jun 19, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1931
Jun 05, 2018	reported and committed to rules
May 31, 2018	reported and committed to finance
May 21, 2018	print number 2496b
May 21, 2018	amend and recommit to health
Jan 05, 2018	print number 2496a
Jan 05, 2018	amend (t) and recommit to health
Jan 03, 2018	referred to health returned to senate died in assembly
May 02, 2017	referred to insurance delivered to assembly passed senate
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.612
Feb 07, 2017	reported and committed to finance
Jan 13, 2017	referred to health

Votes

view votes

Jun 19, 2018 - floor Vote

S2496B

floor

Aye

Nay

Absent

Excused

Abstained

Jun 19, 2018 - Rules committee Vote

S2496B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 5, 2018 - Finance committee Vote

S2496B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 31, 2018 - Health committee Vote

S2496B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 2, 2017 - floor Vote

S2496

floor

Aye

Nay

Absent

Excused

Abstained

Apr 25, 2017 - Finance committee Vote

S2496

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 7, 2017 - Health committee Vote

S2496

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S2496 - Details

See Assembly Version of this Bill:: A297
Law Section:: Public Health Law
Laws Affected:: Amd §4365, Pub Health L; add §2616, amd §4313, Ins L; amd §201, Work Comp L
Versions Introduced in 2015-2016 Legislative Session:: S7529, A10379

S2496 - Summary

Enacts the "living donor protection act of 2018"; prohibits discrimination in the provision of life, accident, and health 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.

S2496 - Sponsor Memo

 BILL NUMBER:  S2496

 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 2017"

 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 2017"

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 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 2017 does just that.

 LEGISLATIVE HISTORY :

2016: S.7529 - Passed Senate, died in Assembly.

 FISCAL IMPLICATIONS :

None

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

S2496 - Bill Text download pdf


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

                                  2496

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sens. HANNON, AKSHAR, AMEDORE, AVELLA, CARLUCCI, DeFRAN-
  CISCO, FUNKE, GALLIVAN, MARCHIONE, ORTT, RANZENHOFER, SERINO,  SEWARD,
  YOUNG  --  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 2017"

  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 2017".
  § 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 SEVENTEEN.
  §  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;

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

                                                           LBD03670-02-7

S. 2496                             2

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

Co-Sponsors

view additional co-sponsors

S2496A - Details

See Assembly Version of this Bill:: A297
Law Section:: Public Health Law
Laws Affected:: Amd §4365, Pub Health L; add §2616, amd §4313, Ins L; amd §201, Work Comp L
Versions Introduced in 2015-2016 Legislative Session:: S7529, A10379

S2496A - Summary

S2496A - Sponsor Memo

 
BILL NUMBER: S2496A

SPONSOR: HANNON
 
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 1 of the bill identifies the act to be known as the "Living
Donor Protection Act of 2018"

Section 2 of the bill amends the public health law to direct the commis-
sioner, 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 individ-
ual'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 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.

 
FISCAL IMPLICATIONS:

None

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

S2496A - Bill Text download pdf


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

                                 2496--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            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 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

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 2018"

  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 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  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 EIGHTEEN.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03670-04-8

S. 2496--A                          2

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

Co-Sponsors

view additional co-sponsors

S2496B (ACTIVE) - Details

See Assembly Version of this Bill:: A297
Law Section:: Public Health Law
Laws Affected:: Amd §4365, Pub Health L; add §2616, amd §4313, Ins L; amd §201, Work Comp L
Versions Introduced in 2015-2016 Legislative Session:: S7529, A10379

S2496B (ACTIVE) - Summary

S2496B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2496B

SPONSOR: HANNON
 
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.

S2496B (ACTIVE) - Bill Text download pdf


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

                                 2496--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            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 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  work-
  ers'  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  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 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 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 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, OFFER-
ING, 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 SPECI-
FIED 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.

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The New York State Senate

senate Bill S2496B

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Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

Jun 5, 2018 - Finance committee Vote

Finance Committee Vote: Jun 5, 2018

May 31, 2018 - Health committee Vote

Health Committee Vote: May 31, 2018

May 2, 2017 - floor Vote

Floor Vote: May 2, 2017

Apr 25, 2017 - Finance committee Vote

Committee Vote: Apr 25, 2017

Feb 7, 2017 - Health committee Vote

Committee Vote: Feb 7, 2017

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senate Bill S2496B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 19, 2018 - floor Vote

Floor Vote: Jun 19, 2018

Jun 19, 2018 - Rules committee Vote

Rules Committee Vote: Jun 19, 2018

Jun 5, 2018 - Finance committee Vote

Finance Committee Vote: Jun 5, 2018

May 31, 2018 - Health committee Vote

Health Committee Vote: May 31, 2018

May 2, 2017 - floor Vote

Floor Vote: May 2, 2017

Apr 25, 2017 - Finance committee Vote

Committee Vote: Apr 25, 2017

Feb 7, 2017 - Health committee Vote

Committee Vote: Feb 7, 2017

Bill Amendments

Co-Sponsors

S2496 - Details

S2496 - Summary

S2496 - Sponsor Memo

S2496 - Bill Text download pdf

Co-Sponsors

S2496A - Details

S2496A - Summary

S2496A - Sponsor Memo

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S2496B (ACTIVE) - Details

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S2496B (ACTIVE) - Bill Text download pdf

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