Bill Text: NY S01321 | 2023-2024 | General Assembly | Introduced
Bill Title: Clarifies certain provisions of the New York state living donor support act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-06 - SUBSTITUTED BY A2377 [S01321 Detail]
Download: New_York-2023-S01321-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1321 2023-2024 Regular Sessions IN SENATE January 11, 2023 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health 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. Subdivisions 2 and 5 of section 4370 of the public health 2 law, as added by a chapter of the laws of 2022 amending the public 3 health law, the tax law and the social services law relating to support 4 of living organ donation, as proposed in legislative bills numbers S. 5 1594 and A. 146-A, are amended to read as follows: 6 2. "Living donor" means: (a) an individual who makes a living 7 donation; or 8 (b) an individual who incurs expenses as part of the living donation 9 screening and evaluation process but that, through no decision or judg- 10 ment of their own, does not become an actual living donor. 11 5. "Paired donation" means a living donation in which the living 12 donor's organ is incompatible with the ultimate intended recipient and 13 the living donor's organ is transplanted into another recipient, and in 14 turn another living donor makes a living donation, directly or through 15 one or more paired donations, to the ultimate intended recipient of the 16 initial living donor. 17 § 2. Paragraph (a) of subdivision 2 of section 4371 of the public 18 health law, as added by a chapter of the laws of 2022 amending the 19 public health law, the tax law and the social services law relating to 20 support of living organ donation, as proposed in legislative bills 21 numbers S. 1594 and A. 146-A, is amended to read as follows: 22 (a) Subject to appropriations therefor, the program shall pay the 23 living donor expenses for living donors who are residents of the state 24 and make a living donation in which the ultimate recipient, either 25 directly or through paired donation is a resident of the state. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04223-01-3S. 1321 2 1 commissioner through regulations shall establish eligible living donor 2 expenses that are eligible for reimbursement under the program which 3 shall include at a minimum: lost wages (including demonstrated lost 4 non-employment income)[;] or the economic value of sick or vacation days 5 expended; travel and lodging, child care and elder care expenses; and 6 costs of medications and care associated with the living donation 7 surgery that are not covered by health insurance. The total period of 8 time related to lost wages or expended sick or vacation days shall not 9 exceed four weeks unless special circumstances are demonstrated, such as 10 the nature of physical labor required for the living donor's employment; 11 provided that the total period shall in no event exceed eight weeks. The 12 commissioner may, by regulation, impose [a limitation] reasonable limi- 13 tations on: (i) the amount of lost wages for a living donor making an 14 income in excess of an annual rate of one hundred twenty-five thousand 15 dollars; or (ii) the amount of living donor expenses above fourteen 16 thousand dollars for any single living donor; and may include additional 17 living donor expenses including reimbursement for costs of care 18 performed by relatives or family members of the living donor. 19 § 3. Section 4372 of the public health law, as added by a chapter of 20 the laws of 2022 amending the public health law, the tax law and the 21 social services law relating to support of living organ donation, as 22 proposed in legislative bills numbers S. 1594 and A. 146-A, is amended 23 to read as follows: 24 § 4372. Transplant education of patients with kidney disease or end 25 stage renal failure. [For any patient with chronic kidney disease stage26four or end stage renal disease, a nephrologist managing the patient's27treatment or, if the patient is not under the treatment of a nephrolo-28gist then the patient's primary care practitioner, shall consider wheth-29er the patient is a candidate for transplantation under applicable30professional and legal guidelines, and, if the patient appears to be a31candidate for transplantation, provide the patient with transplant32education materials including those prepared under section two hundred33seven of this chapter] Nephrologists and primary care providers with 34 primary responsibility of caring for patients with chronic kidney 35 disease stage three or four, or end stage renal disease, shall provide 36 patients with current and evidence based printed educational materials 37 about the progression of kidney disease and relevant prevention and 38 treatment options, including transplantation. 39 § 4. Paragraph (d) of subdivision 1 of section 207 of the public 40 health law, as amended by a chapter of the laws of 2022 amending the 41 public health law, the tax law and the social services law relating to 42 support of living organ donation, as proposed in legislative bills 43 numbers S. 1594 and A. 146-A, is amended to read as follows: 44 (d) The need for and importance of organ and tissue donation, includ- 45 ing living donation, including information about being registered as an 46 organ and tissue donor and executing documents of gift under article 47 forty-three of this chapter; and information to increase patient under- 48 standing about the medical option of transplant and its desirability. 49 [In implementing this paragraph, the] The department shall consult with 50 the transplant council [in the department] on the production of any such 51 information and ensure that such information is culturally and linguis- 52 tically appropriate for all recipients. 53 § 5. Section 365-o of the social services law, as added by a chapter 54 of the laws of 2022 amending the public health law, the tax law and the 55 social services law relating to support of living organ donation, asS. 1321 3 1 proposed in legislative bills numbers S. 1594 and A. 146-A, is amended 2 to read as follows: 3 § 365-o. Provision and coverage of services for living organ donors. 4 This section applies in the case of a living donor under section forty- 5 three hundred seventy-one of the public health law who is [otherwise6eligible for] enrolled in medical assistance under this [article.7Services for that person covered under that section that would otherwise8be health care services under this article shall be paid for under this9article and not under such section] title. Living donor expenses for 10 eligible individuals under section forty-three hundred seventy-one of 11 the public health law that are covered benefits under this title are 12 excluded from reimbursement under the living donor support program, 13 defined in section forty-three hundred seventy of the public health law, 14 provided federal financial participation is available. 15 § 6. This act shall take effect on the same date and in the same 16 manner as a chapter of the laws of 2022 amending the public health law, 17 the tax law and the social services law relating to support of living 18 organ donation, as proposed in legislative bills numbers S. 1594 and A. 19 146-A, takes effect.
