NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2377
SPONSOR: Eachus TITLE OF BILL:
An act to amend the public health law and the social services law, in
relation to support of living organ donation
PURPOSE:
To clarify when an individual may be reimbursed for the Living Donor
Support Program and provide additional details on the production and
distribution of educational materials for individuals with chronic
kidney disease.
SUMMARY OF PROVISIONS:
This bill amends chapter 814 of the laws of 2022
Section 1 includes individuals who incur expenses as part of the living
donation screening and evaluation progress, but are ultimately ruled as
ineligible for medical reasons, as eligible for receiving reimbursement
under the Living Donor Support program.
Section 2 clarifies that the Living Donor Support Program does not reim-
burse for costs that are otherwise reimbursable by the insurer.
Section 3 clarifies that nephrologists and primary care provides who
care for patients with chronic kidney disease stage three or four, or
end stage renal disease, shall provide patients with educational materi-
als about kidney disease and treatment options, including transplanta-
tion.
Section 4 requires the Department of Health to consult with the trans-
plant council on the production of any information about being regis-
tered as an organ and tissue donor and ensures that such information is
culturally and linguistically appropriate.
Section 5 ensures that benefits covered by Medicaid are excluded from
reimbursement under the Living Donor Support Program.
Section 6 provides the effective date.
JUSTIFICATION:
New York State 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 expands which
individuals would qualify for reimbursement under the Living Donor
Support Program to ensure that as many people are comfortable with
beginning the living donor process as possible. Many individuals who are
ultimately, but by no decision of their own, ineligible for organ or
tissue donation have already undergone screening and the living donation
evaluation process causing them to miss work and expend sick or vacation
days, these amendments ensure that they will be reimbursed for their
time and willingness to donate. Education about kidney disease and
treatment options, including transplantation, is also critical for both
potential donors and the individuals fighting chronic kidney disease.
These clarifications ensure that providers with the primary responsibil-
ity of caring for patients which chronic kidney disease stage three or
four, or end stage renal disease, receive crucial treatment information.
Additionally, all information about the Living Donation Support Program
will be culturally and linguistically appropriate for all recipients to
guarantee that as many individuals know about, and are well informed,
about the program.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the public health law, the tax law
and the social services law relating to support of living organ
donation, as proposed in legislative bills numbers S. 1594 and A.146-A,
takes effect.
