Amd Art 43-B Art Head, §207, desig §§4360 - 4369 to be Title 1, add Art 43-B Title 1 Head, Title 2 §§4370 -
4372, Pub Health L; amd §612, Tax L; add §365-o, Soc Serv L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A146A
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the public health law, the tax law and the social
services law, in relation to support of living organ donation
PURPOSE OR GENERAL IDEA OF BILL:
To encourage living organ donation through financial support and educa-
tional initiatives.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Titles the bill as "New York State Living Donor Support Act".
Section 2: Amends the article heading of Public Health Law Article 43-B.
Section 3: Designates PHL §§ 4360-4369 as a new title 1 within article
43-B of the public health law.
Section 4: Created a new Title 2 within Article 43-B including: *A new
§ 4370 defining terms used in the Title 2;
* A new § 4371 providing the Living Donor Support Program, to pay
certain expenses that arise due to the act of living donation, for
living donors who are NY residents and whose donation benefits a NY
resident; lists eligible expense categories; requires that the Program
shall be payer of last resort; and authorizes the Department to contract
for the administration of such payments.
* A new § 4372 requiring that a nephrologist or primary care practition-
er treating certain chronic kidney disease patients shall provide tran-
splant-eligible patients with transplant education materials prepared
under section 207 of the public health law.
Section 5: Amends PHL § 207 by adding living donation information to the
Department's existing organ and tissue donation education programs.
Section 6: Amends section 612 of the tax law to provide that individuals
receiving benefits through the Living Donor Support Program may not also
benefit from the tax deduction for organ donation.
Section 7: Adds a new section 365-o of the social services law providing
that for Medicaid recipients who are living organ donors under the
Program, services covered by the Program shall be paid by Medicaid rath-
er than the Program if federal financial participation is available.
Section 8: Effective date.
JUSTIFICATION:
New York faces a severe shortage of organs for transplantation. We rank
49th among the states in organ donor registration, and in 2015, over.
800 patients on transplant waiting lists either died while waiting or
became too sick to receive a transplant.
This bill would increase living donation by removing financial barriers
and educating the public about living donation. It would provide
reimbursement for living donors who are residents of NY and who make a
living donation in which the ultimate recipient is also a NY resident.
Eligible reimbursement would include financial costs incurred by living
donors as a result of living donation, including lost wages, sick and
vacation days, child care, or medical expenses. The donor support
program would be "payer of last resort" and shall have limitations on
the amount of eligible expenses.
The bill also provides for patient education through nephrologists and
primary care practitioners. Knowledge about living donation is very low,
and more than 1/3 of New Yorkers believe the risk of death during donor
surgery to be greater than I in 20 - when the real risk is 1 in 3,300.
This bill has been endorsed by a broad coalition of stakeholders includ-
ing Waitlist Zero, the Greater NY Hospital Association, Northeast Kidney
Foundation, and Mt. Sinai Hospital.
PRIOR LEGISLATIVE HISTORY:
2017:A5475- Reported to W&M/Senate Finance
2018:A5475- Referred to W&M/Senate Health
2019:A1129- Reported to W&M/Senate Finance
2020:A1129- Referred to W&M/Senate Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
April 1 following enactment
