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.
STATE OF NEW YORK
________________________________________________________________________
2377
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Health
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.
LBD04223-01-3
A. 2377 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 stage
26 four or end stage renal disease, a nephrologist managing the patient's
27 treatment or, if the patient is not under the treatment of a nephrolo-
28 gist then the patient's primary care practitioner, shall consider wheth-
29 er the patient is a candidate for transplantation under applicable
30 professional and legal guidelines, and, if the patient appears to be a
31 candidate for transplantation, provide the patient with transplant
32 education materials including those prepared under section two hundred
33 seven 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, as
A. 2377 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 [otherwise
6 eligible for] enrolled in medical assistance under this [article.
7 Services for that person covered under that section that would otherwise
8 be health care services under this article shall be paid for under this
9 article 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.
