S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    297
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 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 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 SIXTEEN.
   §  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.
                                                            LBD03670-01-7

              

 A. 297                              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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  297--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. GUNTHER, ORTIZ, TITONE, SIMON, GALEF -- read once
   and  referred  to  the Committee on Insurance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  recommitted to the Committee on Insurance in accordance
   with Assembly Rule 3, sec. 2 -- 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.
              

                                                            LBD03670-05-8

 A. 297--B                           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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  297--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, ORTIZ, TITONE, SIMON, GALEF, TAYLOR,
   CASTORINA -- read once and referred to the Committee on  Insurance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Insurance  in  accordance  with  Assembly  Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, 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. The insurance law is amended by adding a new section 2616 to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03670-08-8

 A. 297--C                           2
 
   § 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.