Bill Text: NJ S1972 | 2024-2025 | Regular Session | Introduced
Bill Title: Establishes "New Jersey Living Donor Support Program" in DOH; makes appropriation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1972 Detail]
Download: New_Jersey-2024-S1972-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Establishes "New Jersey Living Donor Support Program" in DOH; makes appropriation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning anatomical gifts, supplementing Title 26 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Anatomical gift" means the same as that term is defined in section 2 of P.L.2008, c.50 (C.26:6-78).
"Commissioner" means the Commissioner of Health.
"Department" means the Department of Health.
"Eligible expenses" means expenses that are incurred by a living donor during the process of donating an anatomical gift and qualify for reimbursement under the New Jersey Living Donor Support Program pursuant to subsection c. of this section.
"Living donation" means the donation of an anatomical gift by a living donor for the purpose of transplantation into another individual.
"Living donor" means an individual who is authorized to donate an anatomical gift of the donor's body or part during the life of the donor pursuant to section 4 of P.L.2008, c.50 (C.26:6-80).
"Paired donation" means a living donation in which the living donor's anatomical gift is incompatible with the intended ultimate recipient and is transplanted into another recipient, which facilitates a living donation made by another living donor to the intended ultimate recipient.
"Program" means the "New Jersey Living Donor Support Program" established pursuant to this act.
b. There is established in the Department of Health the "New Jersey Living Donor Support Program" for the purpose of providing financial assistance to cover eligible expenses incurred by a living donor in the process of making a living donation.
c. The commissioner shall determine which expenses incurred in the process of making a live donation shall be eligible for reimbursement under the program, including, but not limited to:
(1) lost wages, including demonstrated lost non-employment income;
(2) the economic value of sick or vacation days expended;
(3) travel and lodging costs;
(4) child care and elder care expenses; and
(5) costs of medication and care.
The total period of time related to lost wages or expended sick or vacation days that is eligible for reimbursement under the program shall not exceed four weeks, or eight weeks if special circumstances are demonstrated such as the nature of physical labor required for the living donor's employment.
d. Subject to the availability of funds, the program shall pay for the eligible expenses of a living donor who is a resident of this State and makes a living donation, in which the ultimate recipient, whether the intended ultimate recipient or matched with the living donor via a paired donation, is a resident of the State. Eligible expenses shall be reimbursed as soon as practicable after they have been incurred, including by pre-payment when appropriate.
e. The commissioner may:
(1) impose a limitation on the amount of reimbursement made for lost wages for a living donor making an annual income in excess of $125,000, or for eligible expenses in excess of $14,000 for any single living donor; and
(2) include additional expenses to be eligible for reimbursement under the program, including, but to limited to, costs of care performed by relatives or family members of the living donor.
f. If a living donor's eligible expenses are covered in whole or in part by any other third-party payer including, but not limited to, the living donor's employer or the federal National Living Donor Assistance Program, the third-party payer shall be the primary payer and the New Jersey Living Donor Support Program shall be the payer of last resort.
g. The department may contract with a third-party entity for the administration of the program. Factors such as the cost of the program to the State and the usability of the program by living donors and health care providers, such as transplant center hospitals, shall be taken into consideration when awarding such a contract.
h. Nothing in this act shall be construed to conflict with the federal "National Organ Transplant Act," Pub. L. 98-507.
2. The Commissioner of Health shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to effectuate the provisions of this act.
3. There is appropriated from the General Fund to the Department of Health such sums as shall be necessary to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill establishes the "New Jersey Living Donor Support Program" (program) in the Department of Health (department). The purpose of this program is to provide financial assistance to cover eligible expenses incurred by a living donor in the process of making a living donation of an anatomical gift for the purpose of transplantation into another individual.
The Commissioner of Health will determine which expenses incurred in the process of making a live donation will be eligible for reimbursement under the program, including, but not limited to: lost wages, including demonstrated lost non-employment income; the economic value of sick or vacation days expended; travel and lodging costs; child care and elder care expenses; and costs of medication and care.
Subject to the availability of funds, the program will pay for the eligible expenses of a living donor who is a resident of this State and makes a living donation, in which the ultimate recipient is a resident of the State. Eligible expenses will be reimbursed as soon as practicable after they have been incurred, including by pre-payment when appropriate.
The commissioner may impose a limitation on the amount of reimbursement made for lost wages for a living donor making an annual income in excess of $125,000, or for eligible expenses in excess of $14,000 for any single living donor. The commissioner may include additional expenses to be eligible for reimbursement under the program.
If a living donor's eligible expenses are covered in whole or in part by any other third-party payer, the third-party payer will be the primary payer and the New Jersey Living Donor Support Program will be the payer of last resort.
The department may contract with a third-party for the administration of the program. Factors such as the cost of the program to the State and the usability of the program by living donors and health care providers will be taken into consideration when awarding such a contract.
This bill appropriates from the General Fund to the department such sums as will be necessary to implement the provisions of this bill.
