NY State Senate Bill 2021-S1838

Senate Bill S1838

2021-2022 Legislative Session

Provides lifetime, premium-free insurance through the New York state of health marketplace to a person who donates a kidney during the course of his or her lifetime

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Archive: Last Bill Status - In Senate Committee Health Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 16, 2021	referred to health

co-Sponsors

2021-S1838 (ACTIVE) - Details

See Assembly Version of this Bill:: A1746
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §4311, Pub Health L; add §99-ii, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6827, A8739
2023-2024: S2784, A3462

2021-S1838 (ACTIVE) - Summary

Provides lifetime, premium-free insurance through the New York state of health marketplace to a person who donates a kidney during the course of his or her lifetime; establishes the kidney donor insurance fund.

2021-S1838 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1838

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE:

To increasing kidney donation rates and save lives by providing an addi-
tional incentive to individuals thinking of becoming kidney donors.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the public health law to add a new section 4311
authorizing any person who donates kidney to have their health insurance
premiums for a gold level plan in the New York State of Health market-
place paid for life by the state. The payment will come from a kidney
donor insurance fund established by this bill, and funded through the

state budget process.

Section 2: Establishes the "kidney donor insurance fund"

Section 3:  Effective date.

 
JUSTIFICATION:

Kidney donations save lives, but each year, thousands of people die
while waiting to receive a donated kidney. Unlike many organ donations
which can only be made when a donor passes away, individuals can choose
to donate a kidney. However, according to statistics from the U.S.
Department of Health & Human Services, an average of 13 Americans die
each day while waiting for a kidney transplant. In New York State, there
are 8,006 individuals who are candidates for a kidney transplant as of
October, 2019, but in 2018 just 521 people in the state who chose to
serve as live kidney donors. Through the first ten and a half months of
2019, only 347 people had served as live kidney donors.

Clearly, additional incentives are required to encourage people to give
the gift of life. Providing free health insurance, to kidney donors
should incentivize individuals who are considering whether to donate a
kidney to make the decision to save a life.

 
LEGISLATIVE HISTORY:

2020 - S6827 Referred to Health

Assembly

2020 - A8739 Referred to Health

 
FISCAL IMPLICATIONS:

No direct fiscal implications as a result of this bill. Appropriations
to the kidney donor fund would have to be made during the budget proc-
ess.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all live donor
kidney donations made on or after such effective date.

2021-S1838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1838
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, MYRIE -- read twice and ordered printed,
   and when printed to be committed 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

 S. 1838                             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.

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Senate Bill S1838

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Sponsored By

James Skoufis