S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1746
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 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-II  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-ii to
 read as follows:
   §  99-II.  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.
              

                                                            LBD04537-01-1

 A. 1746                             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.