S T A T E O F N E W Y O R K
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6827
2019-2020 Regular Sessions
I N S E N A T E
November 1, 2019
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Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the state finance law, in
relation to providing lifetime, premium-free insurance to a person who
donates a kidney during the course of his or her lifetime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
4311 to read as follows:
§ 4311. HEALTH INSURANCE FOR KIDNEY DONORS. ANY PERSON WHO DONATES A
KIDNEY AS A LIVE KIDNEY DONOR SHALL BE ELIGIBLE AFTER SUCH DONATION TO
RECEIVE HEALTH INSURANCE THROUGH THE NEW YORK STATE OF HEALTH MARKET-
PLACE FOR THE DURATION OF SUCH DONOR'S LIFE. THE STATE SHALL BE RESPON-
SIBLE FOR THE PAYMENT OF ALL PREMIUMS IN CONNECTION WITH THE INSURANCE;
NEITHER THE DONOR NOR HIS OR HER EMPLOYER SHALL BE LIABLE FOR THE PREMI-
UMS. INSURANCE PROVIDED PURSUANT TO THIS SECTION SHALL INCLUDE THE
HIGHEST LEVEL OF SERVICES AVAILABLE THROUGH THE GOLD LEVEL OF THE NEW
YORK STATE OF HEALTH MARKETPLACE AND SHALL INCLUDE PRESCRIPTION DRUG
COVERAGE. SUCH INSURANCE SHALL BE PAID FOR BY THE STATE FROM THE KIDNEY
DONOR INSURANCE FUND ESTABLISHED UNDER SECTION NINETY-NINE-HH OF THE
STATE FINANCE LAW. THE DEPARTMENT MAY CONSULT WITH THE DEPARTMENT OF
FINANCIAL SERVICES TO ENSURE THE PROGRAM ESTABLISHED BY THIS SECTION IS
BEST EFFECTUATED.
§ 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
§ 99-HH. KIDNEY DONOR INSURANCE FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMMISSIONER OF HEALTH AND THE SUPERINTEN-
DENT OF THE DEPARTMENT OF FINANCIAL SERVICES A SPECIAL FUND TO BE KNOWN
AS THE "KIDNEY DONOR INSURANCE FUND".
2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES TRANSFERRED TO SUCH FUND PURSUANT TO LAW, ALL MONIES REQUIRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13508-03-9
S. 6827 2
BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE PAID INTO OR CREDIT-
ED TO THE FUND AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE
INVESTMENT OF MONIES IN THE FUND. NOTHING CONTAINED HEREIN SHALL PREVENT
THE DEPARTMENT OF FINANCIAL SERVICES FROM RECEIVING GRANTS, GIFTS OR
BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND
DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE FOR ALL
COSTS OF SUPPLYING KIDNEY DONORS WITH HEALTH INSURANCE UNDER SECTION
FORTY-THREE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
§ 3. This act shall take effect immediately and shall apply to all
live donor kidney donations made on or after such effective date.