Bill Text: NY A01129 | 2019-2020 | General Assembly | Introduced

Bill Title: Enacts the "New York state living donor support act" to provide state reimbursement to living organ donors, who are state residents, for medical and associated expenses incurred as a result of the organ donation, when the organ donation is made to another resident of the state; requires the provision of information on transplantation to patients with severe kidney disease.

Spectrum: Moderate Partisan Bill (Democrat 53-16)

Status: (Introduced) 2019-05-14 - reported referred to ways and means [A01129 Detail]

Download: New_York-2019-A01129-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
        Introduced  by  M.  of  A.  GOTTFRIED,  ORTIZ, SIMON, MORINELLO, CAHILL,
          ARROYO,  ZEBROWSKI,  DE LA ROSA, TAYLOR -- Multi-Sponsored by -- M. of
          LENTOL,  PICHARDO,  PRETLOW,  RAMOS,  SCHIMMINGER  --  read  once  and
          referred to the Committee on Health
        AN ACT to amend the public health  law,  the  tax  law  and  the  social
          services law, in relation to support of living organ donation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "New York state living donor support act".
     3    §  2. The article heading of article 43-B of the public health law, as
     4  added by chapter 589 of the laws of 1990, is amended to read as follows:
     6                                DONOR SUPPORT
     7    § 3. Sections 4360 through 4368 of article 43-B of the  public  health
     8  law  are designated title 1, and a new title heading is added to read as
     9  follows:
    11    § 4. Article 43-B of the public health law is amended by adding a  new
    12  title 2 to read as follows:
    13                                    TITLE 2
    14                            LIVING ORGAN DONATION
    15  Section 4369. Definitions.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1129                             2
     1          4370. Reimbursement of living donor expenses.
     2          4371. Transplant  education  of  patients with kidney disease or
     3                  end stage renal failure.
     4    § 4369. Definitions. As used in this title, the following terms  shall
     5  have  the following meanings, unless the context clearly requires other-
     6  wise:
     7    1. "Living donation" means the gift by an individual of  an  organ  of
     8  that  individual's  body  to  be  transplanted into another individual's
     9  body, the gift to be executed while the donating  individual  is  living
    10  and  with  the intent that the donating individual will continue to live
    11  after the execution of the gift.
    12    2. "Living donor" means an individual who makes a living donation.
    13    3. "Living donor expenses" means financial costs incurred by a  living
    14  donor that arise due to the act of living donation and its consequences,
    15  that  are  subject  to  reimbursement  under section forty-three hundred
    16  seventy of this title.
    17    4. "Living donor support program" or "program" means the living  donor
    18  support program established under section forty-three hundred seventy of
    19  this title.
    20    5.  "Paired  donation"  means  a  living  donation in which the living
    21  donor's organ is incompatible with the ultimate intended  recipient  and
    22  the  living donor's organ is transplanted into another recipient, and in
    23  turn another living donor makes a living donation, directly  or  through
    24  one or more paired donations, to the ultimate recipient.
    25    §  4370.  Reimbursement  of living donor expenses. 1. The living donor
    26  support program is hereby established in the department.
    27    2. (a) Subject to appropriations therefor, the program shall  pay  the
    28  living  donor  expenses for living donors who are residents of the state
    29  and make a living donation  in  which  the  ultimate  recipient,  either
    30  directly  or  through  paired  donation  is a resident of the state. The
    31  commissioner through regulations shall establish eligible  living  donor
    32  expenses  that  are  eligible  for reimbursement under the program which
    33  shall include at a minimum:   lost wages  (including  demonstrated  lost
    34  non-employment  income);  the  economic  value  of sick or vacation days
    35  expended; travel and lodging, child care and elder  care  expenses;  and
    36  costs  of  medications  and  care  associated  with  the living donation
    37  surgery. The total period of time related to lost wages or expended sick
    38  or vacation days shall not exceed  four  weeks  unless  special  circum-
    39  stances  are demonstrated, such as the nature of physical labor required
    40  for the living donor's employment; provided that the total period  shall
    41  in  no  event  exceed  eight weeks.   The commissioner may by regulation
    42  impose a limitation on: (i) the amount of lost wages for a living  donor
    43  making  an income in excess of an annual rate of one hundred twenty-five
    44  thousand dollars; or (ii) the amount  of  living  donor  expenses  above
    45  fourteen  thousand  dollars for any single living donor; and may include
    46  additional living donor expenses including reimbursement  for  costs  of
    47  care performed by relatives or family members of the living donor.
    48    (b)  The  program  shall  not  pay  reimbursement for expenses paid or
    49  required to be paid for by any third-party  payer,  including  wages  or
    50  other  expenses that were covered under paid medical leave by the living
    51  donor's employer or that are covered by other sources  of  reimbursement
    52  such  as  the  federal  National  Living  Donor  Assistance Program. The
    53  program shall be the payer of last resort with respect  to  any  benefit
    54  under the program.

        A. 1129                             3
     1    (c)  Living  donor  expenses  shall  be reimbursed as close in time as
     2  possible to their being incurred by the donor, including by  pre-payment
     3  where practicable.
     4    3.  (a)  The  commissioner  may  contract  for  the  administration of
     5  reimbursement under the program. Factors such as cost to the state, ease
     6  of use for the living donor, and  ease  of  use  for  transplant  center
     7  hospitals shall be taken into consideration when awarding such contract.
     8    (b) The commissioner shall make regulations to implement this section.
     9    (c)  This  section shall be interpreted so as not to conflict with the
    10  federal National Organ Transplant Act (42 U.S.C. 274e).
    11    § 4371. Transplant education of patients with kidney  disease  or  end
    12  stage  renal  failure. For any patient with chronic kidney disease stage
    13  four or end stage renal disease, a nephrologist managing  the  patient's
    14  treatment  or,  if the patient is not under the treatment of a nephrolo-
    15  gist then the patient's primary care practitioner, shall consider wheth-
    16  er the patient is  a  candidate  for  transplantation  under  applicable
    17  professional  and  legal guidelines, and, if the patient appears to be a
    18  candidate for  transplantation,  provide  the  patient  with  transplant
    19  education  materials  including those prepared under section two hundred
    20  seven of this chapter.
    21    § 5. Paragraph (d) of subdivision 1  of  section  207  of  the  public
    22  health  law,  as  amended  by section 16 of part A of chapter 109 of the
    23  laws of 2010, is amended to read as follows:
    24    (d) The need for and importance of organ and tissue donation,  includ-
    25  ing  living donation, including information about being registered as an
    26  organ and tissue donor and executing documents  of  gift  under  article
    27  forty-three  of this chapter; and information to increase patient under-
    28  standing about the medical option of transplant  and  its  desirability.
    29  In  implementing  this  paragraph, the department shall consult with the
    30  transplant council in the department.
    31    § 6. Paragraph 38 of subsection (c) of section 612 of the tax law,  as
    32  added by chapter 565 of the laws of 2006, is amended to read as follows:
    33    (38)  An  amount  of  up  to ten thousand dollars if a taxpayer, while
    34  living, donates one or more of his or her human organs to another  human
    35  being  for  human organ transplantation. For purposes of this paragraph,
    36  "human organ" means all or part of a liver, pancreas, kidney, intestine,
    37  lung, or bone marrow. A subtract modification allowed under  this  para-
    38  graph  shall  be  claimed  in  the taxable year in which the human organ
    39  transplantation occurs.  Provided, however, that  this  deduction  shall
    40  not  apply  to any donation for which the taxpayer has received benefits
    41  under section forty-three hundred seventy of the public health law.
    42    § 7. The social services law is amended by adding a new section  365-o
    43  to read as follows:
    44    §  365-o.  Provision and coverage of services for living organ donors.
    45  This section applies in the case of a living donor under section  forty-
    46  three hundred seventy of the public health law who is otherwise eligible
    47  for  medical  assistance  under  this  article. Services for that person
    48  covered under that section that would otherwise be health care  services
    49  under  this  article  shall be paid for under this article and not under
    50  such section, provided federal financial participation is available.
    51    § 8. This act shall take effect on the first of April next  succeeding
    52  the  date  on which it shall have become a law; provided that, effective
    53  immediately, the commissioner of health shall make regulations and  take
    54  other actions reasonably necessary to implement this act on that date.