Bill Text: NY A00146 | 2021-2022 | General Assembly | Amended

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 44-13)

Status: (Introduced) 2021-02-08 - print number 146a [A00146 Detail]

Download: New_York-2021-A00146-Amended.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY


                                     January 6, 2021

        Introduced   by   M.   of   A.   GOTTFRIED,  SIMON,  MORINELLO,  CAHILL,
          sored by -- M. of A. AUBRY, BARCLAY, BRAUNSTEIN, CYMBROWITZ,  DeSTEFA-
          and  referred  to  the Committee on Health -- reported and referred to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        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 4369 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 II
    14                            LIVING ORGAN DONATION

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 146--A                           2

     1  Section 4370. Definitions.
     2          4371. Reimbursement of living donor expenses.
     3          4372. Transplant  education  of  patients with kidney disease or
     4                  end stage renal failure.
     5    § 4370. Definitions. As used in this title, the following terms  shall
     6  have  the following meanings, unless the context clearly requires other-
     7  wise:
     8    1. "Living donation" means the gift by an individual of  an  organ  of
     9  that  individual's  body  to  be  transplanted into another individual's
    10  body, the gift to be executed while the donating  individual  is  living
    11  and  with  the intent that the donating individual will continue to live
    12  after the execution of the gift.
    13    2. "Living donor" means an individual who makes a living donation.
    14    3. "Living donor expenses" means financial costs incurred by a  living
    15  donor that arise due to the act of living donation and its consequences,
    16  that  are  subject  to  reimbursement  under section forty-three hundred
    17  seventy-one of this title.
    18    4. "Living donor support program" or "program" means the living  donor
    19  support  program  established under section forty-three hundred seventy-
    20  one of this title.
    21    5. "Paired donation" means a  living  donation  in  which  the  living
    22  donor's  organ  is incompatible with the ultimate intended recipient and
    23  the living donor's organ is transplanted into another recipient, and  in
    24  turn  another  living donor makes a living donation, directly or through
    25  one or more paired donations, to the ultimate recipient.
    26    § 4371. Reimbursement of living donor expenses. 1.  The  living  donor
    27  support program is hereby established in the department.
    28    2.  (a)  Subject to appropriations therefor, the program shall pay the
    29  living donor expenses for living donors who are residents of  the  state
    30  and  make  a  living  donation  in  which the ultimate recipient, either
    31  directly or through paired donation is a  resident  of  the  state.  The
    32  commissioner  through  regulations shall establish eligible living donor
    33  expenses that are eligible for reimbursement  under  the  program  which
    34  shall  include  at  a minimum:   lost wages (including demonstrated lost
    35  non-employment income); the economic value  of  sick  or  vacation  days
    36  expended;  travel  and  lodging, child care and elder care expenses; and
    37  costs of medications  and  care  associated  with  the  living  donation
    38  surgery. The total period of time related to lost wages or expended sick
    39  or  vacation  days  shall  not  exceed four weeks unless special circum-
    40  stances are demonstrated, such as the nature of physical labor  required
    41  for  the living donor's employment; provided that the total period shall
    42  in no event exceed eight weeks.   The  commissioner  may  by  regulation
    43  impose  a limitation on: (i) the amount of lost wages for a living donor
    44  making an income in excess of an annual rate of one hundred  twenty-five
    45  thousand  dollars;  or  (ii)  the  amount of living donor expenses above
    46  fourteen thousand dollars for any single living donor; and  may  include
    47  additional  living  donor  expenses including reimbursement for costs of
    48  care performed by relatives or family members of the living donor.
    49    (b) The program shall not  pay  reimbursement  for  expenses  paid  or
    50  required  to  be  paid  for by any third-party payer, including wages or
    51  other expenses that were covered under paid medical leave by the  living
    52  donor's  employer  or that are covered by other sources of reimbursement
    53  such as the  federal  National  Living  Donor  Assistance  Program.  The
    54  program  shall  be  the payer of last resort with respect to any benefit
    55  under the program.

        A. 146--A                           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    § 4372. 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-one 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-one  of  the  public health law who is otherwise
    47  eligible for medical assistance under this article.  Services  for  that
    48  person  covered  under  that section that would otherwise be health care
    49  services under this article shall be paid for under this article and not
    50  under such section, provided federal financial participation  is  avail-
    51  able.
    52    §  8. This act shall take effect on the first of April next succeeding
    53  the date on which it shall have become a law; provided  that,  effective
    54  immediately,  the commissioner of health shall make regulations and take
    55  other actions reasonably necessary to implement this act on that date.