Bill Summary for H 71 (2021-2022)

Summary date: 

Feb 11 2021

Bill Information:

View NCGA Bill Details2021
House Bill 71 (Public) Filed Thursday, February 11, 2021
AN ACT TO PROTECT LIVING DONORS FROM POTENTIAL INSURANCE DISCRIMINATION, TO PROVIDE AN INCOME TAX CREDIT FOR UNREIMBURSED MEDICAL EXPENSES RESULTING FROM CERTAIN ORGAN AND MARROW DONATIONS, AND TO PROVIDE UP TO THIRTY DAYS' PAID LEAVE TO STATE EMPLOYEES AND OTHER STATE-SUPPORTED PERSONNEL WHO SERVE AS LIVING ORGAN DONORS AND UP TO SEVEN DAYS' PAID LEAVE FOR BONE MARROW DONORS.
Intro. by Shepard, Hurley, Morey.

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Bill summary

Part I

Enacts GS 58-3-25(d) to prohibit an insurer from refusing to insure, limiting coverage to, or discriminating against an individual based solely and without any additional actuarial risks on the status of an individual as a living organ donor, including charging a different amount for the same coverage. Specifies that the protection applies to health benefit plans and life, accident, and health, accident, disability, disability income, and long-term care insurance policies. Defines living organ donor to mean a living individual who donates one or more of that individual's human organs, including bone marrow, to another individual to be transplanted using a medical procedure to the body of that other individual.

Amends GS 131E-294 to include the antidiscrimination provisions concerning living organ donors under GS 58-3-25, as amended, to those provisions applicable to provider sponsored organizations offering Medicare health insurance and health benefits.

Effective 30 days after the act becomes law and applies to insurance contracts issued, renewed, or amended on or after that date.

Part II

Enacts GS 105-153.11 to establish a tax credit for live organ donors at the lesser of the live organ donation expenses or $5,000. Defines live organ donation and live organ donation expenses. Defines live organ donation expenses to include the amount of expenses, including travel, lodging, and lost wages, incurred that are not reimbursed and are directly related to a love organ donation by the taxpayer or another individual the taxpayer is allowed to claim as a dependent. Sets forth limitations and allows for the credit to carry forward for the succeeding five years. Effective for taxable years beginning on or after January 1, 2021.

Part III

Enacts GS 126-8.6 to require the State Human Resources Commission (Commission) to adopt rules and policies to provide permanent, full-time State employees with up to 30 days of paid leave to serve as a living organ donor and seven days for serving as a bone marrow donor. Requires the same for permanent, part-time State employees at a pro rated amount. Limits eligibility to employees continuously employed by the State for at least 12 months preceding the first request for organ donation leave. Requires the leave to be available without exhaustion of other sick and vacation leave; to be in addition to shared leave or other leave authorized under state or federal law; to not be used for retirement purposes; and to bear no cash value upon termination. Defines the statute's scope to include all State employees, and all State-supported personnel, with the appropriate governing board adopting rules and policies to provide paid leave for its employees pursuant to the statute. Requires the Commission to annually report to the specified NCGA committee, and all State entities to annually report to the Commission on the leave program.

Amends GS 126-5 to specify that GS 126-8.6 applies to all State employees, public school employees, and community college employees.

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