New York State living donor protection act of 2016-A10379
In New York State, each year, about a thousand individuals agree to
donate tissues and organs and become living donors. While New York State
has a tax deduction and other efforts to try and support these donors,
much more needs to be done. This bill directs the commissioner, in coop-
eration with other stakeholders, to work on public education and
outreach about living organ donation.
It also expressly makes clear that
no individual who chooses to become a living donor should experience
insurance discrimination and they and their family should benefit from
the recently enacted paid family leave law. Giving the gift of life,
particularly as a living donor, is a huge sacrifice. It is in everyone’s
interest that people who make this choice have good information and
supports to do so. The Living Donor Protection Act of 2016 does just
Giving the gift of life in the form of organ or tissue donation is the
ultimate gift. This is particularly true for those individuals who are
live donors. They not only sacrifice part of their body for another,
they must go through medical procedures, healing and other hardships in
order to give the gift of life.
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10379
SPONSOR: Gunther (MS)
TITLE OF BILL: An act to amend the public health law, the insurance
law and the workers’ compensation law, in relation to enacting the
“living donor protection act of 2016”
To ensure that New Yorkers receive reliable and accurate information
about live organ donation and to ensure that those who donate are
protected against insurance discrimination and benefit from paid family
SUMMARY OF PROVISIONS:
Section 1 of the bill identifies the act to be known as the “living
donor protection act of 2016”
Section 2 of the bill amends the public health law to direct the commis-
sioner, in cooperation with the transplant council and other interested
parties to develop and distribute information on live organ donation.
Sections 3, 4 and 5 of the bill amend various sections of the insurance
law to clarify that no entity offering or providing long term care
insurance, health insurance, or life insurance shall discriminate in
offering, issuing cancelling or providing coverage due to an individ-
ual’s status as a living organ or tissue donor.
Section 6 of the bill amends the workers’ compensation law to include
transplantation preparation and recovery related to organ or tissue
donation among those “serious health conditions” covered under paid
Section 7 of the bill provides for an effective date.
The 90th day after it shall have become law.