senate Bill S7043

2017-2018 Legislative Session

Relates to fairness in organ donations to persons with physical or mental disabilities

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2018 advanced to third reading
Feb 12, 2018 2nd report cal.
Feb 06, 2018 1st report cal.402
Jan 03, 2018 referred to mental health and developmental disabilities

Votes

view votes

Feb 6, 2018 - Mental Health and Developmental Disabilities committee Vote

S7043
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Feb 6, 2018

aye wr (1)

Co-Sponsors

S7043 - Details

See Assembly Version of this Bill:
A9630
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 35 ยงยง35.01 - 35.07, Ment Hyg L

S7043 - Summary

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

S7043 - Sponsor Memo

S7043 - Bill Text download pdf

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

                                  7043

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to fairness in organ
  donations to persons with physical or mental disabilities

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

  Section  1.  The mental hygiene law is amended by adding a new article
35 to read as follows:
                               ARTICLE 35
                       ORGAN DONATION FAIRNESS ACT
SECTION 35.01 LEGISLATIVE INTENT.
        35.03 DEFINITIONS.
        35.05 DISCRIMINATION PROHIBITED.
        35.07 ENFORCEMENT.
S 35.01 LEGISLATIVE INTENT.
  THE LEGISLATURE FINDS THAT:
  (A) A MENTAL OR PHYSICAL DISABILITY DOES NOT DIMINISH A PERSON'S RIGHT
TO HEALTH CARE;
  (B) THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 USC 12101, PROHIB-
ITS DISCRIMINATION AGAINST PERSONS WITH DISABILITIES, YET MANY  INDIVID-
UALS  WITH  DISABILITIES  STILL  EXPERIENCE  DISCRIMINATION IN ACCESSING
CRITICAL HEALTH CARE SERVICES;
  (C) INDIVIDUALS WITH MENTAL AND  PHYSICAL  DISABILITIES  HAVE  HISTOR-
ICALLY  BEEN  DENIED  LIFE-SAVING ORGAN TRANSPLANTS BASED ON ASSUMPTIONS
THAT THEIR LIVES ARE LESS WORTHY, THAT THEY ARE INCAPABLE  OF  COMPLYING
WITH  POST-TRANSPLANT  MEDICAL  REGIMENS,  OR  THAT  THEY  LACK ADEQUATE
SUPPORT SYSTEMS TO ENSURE SUCH COMPLIANCE;
  (D) ALTHOUGH  ORGAN  TRANSPLANT  CENTERS  MUST  CONSIDER  MEDICAL  AND
PSYCHOSOCIAL  CRITERIA  WHEN  DETERMINING  IF  A  PATIENT IS SUITABLE TO
RECEIVE AN ORGAN TRANSPLANT,  TRANSPLANT  CENTERS  THAT  PARTICIPATE  IN
MEDICARE,  MEDICAID,  AND OTHER FEDERAL FUNDING PROGRAMS ARE REQUIRED TO

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

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