Bill Text: CA AB2504 | 2021-2022 | Regular Session | Amended
Bill Title: Living Organ Donor Reimbursement Act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2022-04-26 - In committee: Hearing postponed by committee. [AB2504 Detail]
Download: California-2021-AB2504-Amended.html
|
Amended
IN
Assembly
April 19, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2504
| Introduced by Assembly Member Kalra (Coauthors: Assembly Members Bennett, Cristina Garcia, Low, and Mullin) |
February 17, 2022 |
An act to add and repeal Division 118 (commencing with Section 150500) of the Health and Safety Code, relating to public health, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2504, as amended, Kalra.
Living Organ Donor Reimbursement Act.
Existing law, the Michelle Maykin Memorial Donation Protection Act, requires an employer to grant an employee an unpaid leave of absence, as specified, for the purpose of organ donation.
Existing law establishes the State Department of Health Care Services within the California Health and Human Services Agency. Existing law sets forth the department’s powers and duties relating to, among other things, public health, licensing and certification of certain health facilities, and the state Medi-Cal program.
This bill, the Living Organ Donor Reimbursement Act, would establish the Living Organ Donor Reimbursement Program in the State Department of Health Care Services to reduce financial barriers for living organ donors. The bill would authorize living organ donors, as defined, to apply to the department
for reimbursement of qualified donation expenses, as defined, that were not, or will not, otherwise be reimbursed, including travel and lodging expenses, lost wages, child care costs, and medication costs. copayments and deductibles for prescription and over-the-counter medications needed as a result of the donation. The bill would limit the total reimbursement costs awarded to each living organ donor to $10,000 per organ donation. The bill would create the Living Organ Donor Reimbursement Fund within the State Treasury. The bill would authorize the Controller to accept donations to the fund from private entities, and would continuously appropriate these moneys for purposes of the program. The bill would require the Controller to allocate other moneys in the fund, upon appropriation by the Legislature, for purposes of
the program. The bill would require the department to report specified information to the Legislature on or before January 1, 2026, relating to the implementation of the program. The bill would repeal the provisions of the bill on January 1, 2027.
This bill would also make findings and declarations related to a gift of public funds.
Digest Key
Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Division 118 (commencing with Section 150500) is added to the Health and Safety Code, to read:DIVISION 118. Living Organ Donor Reimbursement Act
150500.
(a) The Living Organ Donor Reimbursement Program is hereby created for the purpose of reducing financial barriers for living organ donors by providing reimbursement for the costs associated with organ donation.(b) The State Department of Health Care Services shall administer the program in accordance with this division.
150501.
For purposes of this division, the following definitions apply:(a) “Living organ donor” means an individual who has donated all or part of an organ and is not deceased at the time of donation.
(b) “Organ” means all or part of an individual’s liver, kidney, pancreas, intestine, lung, or bone marrow.
(c) “Qualified donation expenses” means any of the following expenses that are directly related to the organ donation and were not, or will not, be reimbursed by any other source:
(1) Travel and lodging expenses.
(2) Lost wages during the organ donation and recovery period.
(3) Child care and elder care costs during the organ donation and recovery period.
(4)Medication costs.
(4) Living organ donor-incurred copayments and deductibles for prescription and over-the-counter medications needed as
a result of the donation.
150502.
(a) A living organ donor may submit an application to the department for reimbursement of qualified donation expenses, not to exceed ten thousand dollars ($10,000) per organ donation.(b) The department shall review applications in the order they are received.
(c) If an application or claim for reimbursement will be rejected or deemed incomplete, the department shall notify the applicant and provide the applicant an opportunity to correct or complete the application.
(d) The department shall not award a living organ donor more than ten
thousand dollars ($10,000) in reimbursement costs per organ donation.
(e) Upon approval of an application, the department shall notify the Controller of award amounts for reimbursement from the Living Organ Donor Reimbursement Fund.
(f) The department shall establish a process to facilitate the submission of applications pursuant to this section.
150503.
(a) (1) There is hereby established in the State Treasury the Living Organ Donor Reimbursement Fund. Moneys in the fund shall, upon appropriation by the Legislature, be allocated by the Controller to living organ donors whose applications are approved by the department pursuant to Section 150502.(2) (A) The Controller may also accept donations from private entities for deposit in the Living Organ Donor Reimbursement Fund. Moneys in the fund that have been donated are continuously appropriated for allocation to living organ donors whose applications are approved by the department pursuant to Section 150502.
(B) Notwithstanding Section 11005 of the Government Code, gifts received pursuant to this section may be accepted without approval of the Department of Finance.
(b) The In order to maximize the availability of funds for qualified donation expenses by living organ donors and to increase the rate of donation by qualified living donors, the department shall use no more than 5 percent a reasonable and necessary amount of the funds that are made available for purposes of
this division for administrative costs.
150503.5.
(a) The department shall furnish a report to the Legislature that includes all of the following:(1) The number of individuals receiving reimbursement for qualified donation expenses.
(2) The mean, median, and overall dollar amounts reimbursed for qualified donation expenses as a result of this division, overall and by type of organ donation.
(3) The types of organs donated by the living organ donors.
(4) The gender, race, and age of the living organ donors and the recipients.
(5) The number of individuals on the donor waiting list prior to the enactment of this division and the number following the enactment of this division.
(6) The number of living donors in the year prior to the enactment of this division and each year following the enactment of this division.
(b) (1) The report required pursuant to this section shall be posted on the department’s internet website and shall be provided to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2026.
(2) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
