Grants medical assistance eligibility for kidney transplant expenses for residents of New York with end-stage renal disease who are otherwise eligible for benefits except for their immigration status.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1285
SPONSOR: Gonzalez-Rojas (MS) TITLE OF BILL:
An act to amend the social services law, in relation to authorizing the
payment of medical assistance for the provision of kidney transplants
for certain residents of New York
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the Social Services Law. with regard to expanding
available public Medical assistance for kidney transplantation to
include undocumented persons in New York. Where current law provides
that public assistance shall cover routine dialysis treatment for undoc-
umented persons who experience chronic renal ailments, both fiscal and
moral reasons justify expanding coverage to also include kidney trans-
plants.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 365-a of the Social Services Law by adding a
new subdivision II with regard to expanding Medicaid for kidney trans-
plantation to include coverage for undocumented persons in New York who
have received emergency renal dialysis for no less than two consecutive
years Additionally, this section allows the Commissioner of Health to
develop guidelines (e.g a database or receipt system) in order to verify
the two year qualification period.
Section 2 sets the effective date.
JUSTIFICATION:
Currently in New York, public financial assistance is made available to
undocumented persons seeking emergency medical care. Falling under this
rubric. undocumented persons experiencing end-stage renal failure often
undergo dialysis treatment on a biweekly basis at emergency facilities
across the State. To date, Illinois is the only other jurisdiction
extending this care to undocumented immigrants, so New York has an
opportunity to be a national leader on this issue as the largest state
to expand this coverage. Beyond the moral reality that a kidney patients
quality of life improves markedly following a transplant with the elimi-
nation of that patients need. for frequent dialysis treatments, the cost
savings associated with this legislation is significant.
Whereas dialysis patients remain beholden to this expensive treatment
for the remainder of their lives, kidney transplantation halts this
recurring expenditure by the State. While the upfront cost of a trans-
plant is higher than the annual cost of dialysis. the State is poised to
save money over time as the annual fees associated with post-transplant
medication are drastically lower than the price tag of dialysis.
Further, to limit the State's public aid to persons residing in New
York, this legislation requires an eligible person to demonstrate that
they have already undergone two years of dialysis treatment covered by
the State's existing public assistance programs.
Finally, in noting that New York ranks last out of the fifty states in
terms of per capita registered organ donors, it is plausible to believe
that expanding transplantation care to undocumented persons would
encourage more donor enrollment in underserved communities. Pointedly,
a family member may be more likely to enroll as a donor in a scenario
where all relatives in need of a kidney transplant are able to obtain
one within New York State.
PRIOR LEGISLATIVE HISTORY:
2015: Introduced. Referred. to Ways and Means Committee
2015-2016: Introduced A9283 referred to Health Committee
2018-2017 No Assembly Bill
2019-2020 Introduced A7545 referred to Health Committee
2021-2022 S2545 / No Same As
05/08/2023 referred to health
05/23/2023 reported referred to ways and means
01/03/2024 referred to ways and means
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment. and/or repeal of any
rule or regulation necessary for the implementation of this act oh its
effective date is authorized and directed to be made and completed on or
before such effective date.
STATE OF NEW YORK
________________________________________________________________________
1285
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. GONZALEZ-ROJAS, CLARK, RAGA, TAPIA, REYES, LEVEN-
BERG, COLTON, EPSTEIN, HEVESI, DAVILA, KELLES, KIM, SEPTIMO, SEAWRIGHT
-- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to
the Committee on Health
AN ACT to amend the social services law, in relation to authorizing the
payment of medical assistance for the provision of kidney transplants
for certain residents of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 365-a of the social services law is amended by
2 adding a new subdivision 11 to read as follows:
3 11. Notwithstanding the provisions of section one hundred thirty-one-k
4 or any other provision of this article, medical assistance shall also
5 include payment for surgery, medical care and prescription drugs related
6 to kidney transplantation for residents of New York with end-stage renal
7 disease who are otherwise eligible for benefits pursuant to this title
8 except for their immigration status. A resident of New York shall only
9 be deemed to be eligible pursuant to this subdivision if such resident
10 has undergone emergency renal dialysis for a period of not less than two
11 consecutive years within New York state, as proven by such means as
12 shall be designated in the regulations of the commissioner of health.
13 § 2. This act shall take effect on the first day of January next
14 succeeding the date on which it shall have become a law. Effective
15 immediately, the addition, amendment and/or repeal of any rule or regu-
16 lation necessary for the implementation of this act on its effective
17 date are authorized to be made and completed on or before such effective
18 date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03338-01-5
