Expands support for living organ donation to include living donors who are residents of the state or are making a living donation in which the ultimate recipient is a resident of the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9464
SPONSOR: Byrnes TITLE OF BILL:
An act to amend the public health law, in relation to expanding support
for living organ donation to include living donors who are residents of
the state or are making a living donation in which the ultimate recipi-
ent is a resident of the state
PURPOSE OR GENERAL IDEA OF BILL:
Expands support for living organ donation to include living donors who
are residents of the state or are making a living donation in which the
ultimate recipient is a resident of the state
SUMMARY OF PROVISIONS:
Section one: Paragraph (a) of subdivision 2 of section 4371 of the
public health law, as amended by chapter 66 of the laws of 2023, is
amended to read as follows: (a) Subject to appropriations therefor, the
program shall pay the living donor expenses for living donors: (i) who
are residents of the state
and make; or (ii) are making a living
donation in which the ultimate recipient, either directly or through
paired donation is a resident of the state. The commissioner through
regulations shall establish eligible living donor expenses that are
eligible for reimbursement under the program which shall include at a
minimum: lost wages (including demonstrated lost non-employment income)
or the economic value of sick or vacation days expended; travel and
lodging, child care and elder care expenses; and costs of medications
and care associated with the living donation surgery that are not
covered by health insurance. The total period of time related to lost
wages or expended sick or vacation days shall not exceed four weeks
unless special circumstances are demonstrated, such as the nature of
physical labor required for the living donor's employment; provided that
the total period shall in no event exceed eight weeks. The commissioner
may, by regulation, impose reasonable limitations on: (i) the amount of
lost wages for a living donor making an income in excess of an annual
rate of one hundred twenty-five thousand dollars; or (ii) the amount of
living donor expenses above fourteen thousand dollars for any single
living donor; and may include additional living donor expenses including
reimbursement for costs of care performed by relatives or family members
of the living donor. Section two: Sets forth the effective date.
JUSTIFICATION:
On December 29, 2022, Governor Hochul signed legislation to establish a
program to cover extra costs associated with organ donation for New York
State residents who donate to a fellow New Yorker. This office was
contacted by a constituent who was undergoing testing to be a live
kidney donor for a close family friend. The recipient had been a New
York State resident but is currently living in the state of Florida. Our
constituent was advised her insurance would not cover costs related to
any potential complications that occur post-surgery. If our constituent
does have complications, any resulting medical expenses will be her
responsibility.
As the recipient of our constituent's organ donation is not a New York
State resident, the Governor's new program would not cover our constitu-
ent. This bill would allow a New York State resident to be covered by
this program regardless of the residency of the recipient. The original
legislation was created to help eliminate barriers to organ donation in
order to bring New York up from its low rank in organ donation. The
amendment proposed will only enhance the efficacy of the previous bill.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9464
IN ASSEMBLY
March 14, 2024
___________
Introduced by M. of A. BYRNES -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to expanding support
for living organ donation to include living donors who are residents
of the state or are making a living donation in which the ultimate
recipient is a resident of the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 4371 of the
2 public health law, as amended by chapter 66 of the laws of 2023, is
3 amended to read as follows:
4 (a) Subject to appropriations therefor, the program shall pay the
5 living donor expenses for living donors: (i) who are residents of the
6 state [and make]; or (ii) are making a living donation in which the
7 ultimate recipient, either directly or through paired donation is a
8 resident of the state. The commissioner through regulations shall estab-
9 lish eligible living donor expenses that are eligible for reimbursement
10 under the program which shall include at a minimum: lost wages (includ-
11 ing demonstrated lost non-employment income) or the economic value of
12 sick or vacation days expended; travel and lodging, child care and elder
13 care expenses; and costs of medications and care associated with the
14 living donation surgery that are not covered by health insurance. The
15 total period of time related to lost wages or expended sick or vacation
16 days shall not exceed four weeks unless special circumstances are demon-
17 strated, such as the nature of physical labor required for the living
18 donor's employment; provided that the total period shall in no event
19 exceed eight weeks. The commissioner may, by regulation, impose reason-
20 able limitations on: (i) the amount of lost wages for a living donor
21 making an income in excess of an annual rate of one hundred twenty-five
22 thousand dollars; or (ii) the amount of living donor expenses above
23 fourteen thousand dollars for any single living donor; and may include
24 additional living donor expenses including reimbursement for costs of
25 care performed by relatives or family members of the living donor.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14496-01-4
