S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1339
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  the  tax  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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York state living donor support act".
   §  2. The article heading of article 43-B of the public health law, as
 added by chapter 589 of the laws of 1990, is amended to read as follows:
          ORGAN[, TISSUE AND BODY PARTS] PROCUREMENT AND [STORAGE]
                               DONOR SUPPORT
   § 3. Sections 4360 through 4368 of article 43-B of the  public  health
 law  are designated title 1, and a new title heading is added to read as
 follows:
            ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE
   § 4. Article 43-B of the public health law is amended by adding a  new
 title 2 to read as follows:
                                   TITLE 2
                           LIVING ORGAN DONATION
 
 SECTION 4369. DEFINITIONS.
         4370. REIMBURSEMENT OF LIVING DONOR EXPENSES.
         4371. TRANSPLANT  EDUCATION  OF  PATIENTS WITH KIDNEY DISEASE OR
                 END STAGE RENAL FAILURE.
   § 4369. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   1. "LIVING DONATION" MEANS THE GIFT BY AN INDIVIDUAL OF  AN  ORGAN  OF
 THAT  INDIVIDUAL'S  BODY  TO  BE  TRANSPLANTED INTO ANOTHER INDIVIDUAL'S
 BODY, THE GIFT TO BE EXECUTED WHILE THE DONATING  INDIVIDUAL  IS  LIVING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03533-01-9

 S. 1339                             2
 
 AND  WITH  THE INTENT THAT THE DONATING INDIVIDUAL WILL CONTINUE TO LIVE
 AFTER THE EXECUTION OF THE GIFT.
   2. "LIVING DONOR" MEANS AN INDIVIDUAL WHO MAKES A LIVING DONATION.
   3.  "LIVING DONOR EXPENSES" MEANS FINANCIAL COSTS INCURRED BY A LIVING
 DONOR THAT ARISE DUE TO THE ACT OF LIVING DONATION AND ITS CONSEQUENCES,
 THAT ARE SUBJECT TO  REIMBURSEMENT  UNDER  SECTION  FORTY-THREE  HUNDRED
 SEVENTY OF THIS TITLE.
   4.  "LIVING DONOR SUPPORT PROGRAM" OR "PROGRAM" MEANS THE LIVING DONOR
 SUPPORT PROGRAM ESTABLISHED UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF
 THIS TITLE.
   5. "PAIRED DONATION" MEANS A  LIVING  DONATION  IN  WHICH  THE  LIVING
 DONOR'S  ORGAN  IS INCOMPATIBLE WITH THE ULTIMATE INTENDED RECIPIENT AND
 THE LIVING DONOR'S ORGAN IS TRANSPLANTED INTO ANOTHER RECIPIENT, AND  IN
 TURN  ANOTHER  LIVING DONOR MAKES A LIVING DONATION, DIRECTLY OR THROUGH
 ONE OR MORE PAIRED DONATIONS, TO THE ULTIMATE RECIPIENT.
   § 4370. REIMBURSEMENT OF LIVING DONOR EXPENSES. 1.  THE  LIVING  DONOR
 SUPPORT PROGRAM IS HEREBY ESTABLISHED IN THE DEPARTMENT.
   2.  (A)  SUBJECT TO APPROPRIATIONS THEREFOR, THE PROGRAM SHALL PAY THE
 LIVING DONOR EXPENSES FOR LIVING DONORS WHO ARE RESIDENTS OF  THE  STATE
 AND  MAKE  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); 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. THE TOTAL PERIOD OF TIME RELATED TO LOST WAGES OR EXPENDED SICK
 OR  VACATION  DAYS  SHALL  NOT  EXCEED FOUR WEEKS UNLESS SPECIAL CIRCUM-
 STANCES 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  A LIMITATION 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.
   (B) THE PROGRAM SHALL NOT  PAY  REIMBURSEMENT  FOR  EXPENSES  PAID  OR
 REQUIRED  TO  BE  PAID  FOR BY ANY THIRD-PARTY PAYER, INCLUDING WAGES OR
 OTHER EXPENSES THAT WERE COVERED UNDER PAID MEDICAL LEAVE BY THE  LIVING
 DONOR'S  EMPLOYER  OR THAT ARE COVERED BY OTHER SOURCES OF REIMBURSEMENT
 SUCH AS THE  FEDERAL  NATIONAL  LIVING  DONOR  ASSISTANCE  PROGRAM.  THE
 PROGRAM  SHALL  BE  THE PAYER OF LAST RESORT WITH RESPECT TO ANY BENEFIT
 UNDER THE PROGRAM.
   (C) LIVING DONOR EXPENSES SHALL BE REIMBURSED  AS  CLOSE  IN  TIME  AS
 POSSIBLE  TO THEIR BEING INCURRED BY THE DONOR, INCLUDING BY PRE-PAYMENT
 WHERE PRACTICABLE.
   3. (A)  THE  COMMISSIONER  MAY  CONTRACT  FOR  THE  ADMINISTRATION  OF
 REIMBURSEMENT UNDER THE PROGRAM. FACTORS SUCH AS COST TO THE STATE, EASE
 OF  USE  FOR  THE  LIVING  DONOR,  AND EASE OF USE FOR TRANSPLANT CENTER
 HOSPITALS SHALL BE TAKEN INTO CONSIDERATION WHEN AWARDING SUCH CONTRACT.
   (B) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
   (C) THIS SECTION SHALL BE INTERPRETED SO AS NOT TO CONFLICT  WITH  THE
 FEDERAL NATIONAL ORGAN TRANSPLANT ACT (42 U.S.C. 274E).

 S. 1339                             3
 
   §  4371.  TRANSPLANT  EDUCATION OF PATIENTS WITH KIDNEY DISEASE OR END
 STAGE RENAL FAILURE. FOR ANY PATIENT WITH CHRONIC KIDNEY  DISEASE  STAGE
 FOUR  OR  END STAGE RENAL DISEASE, A NEPHROLOGIST MANAGING THE PATIENT'S
 TREATMENT OR, IF THE PATIENT IS NOT UNDER THE TREATMENT OF  A  NEPHROLO-
 GIST THEN THE PATIENT'S PRIMARY CARE PRACTITIONER, SHALL CONSIDER WHETH-
 ER  THE  PATIENT  IS  A  CANDIDATE  FOR TRANSPLANTATION UNDER APPLICABLE
 PROFESSIONAL AND LEGAL GUIDELINES, AND, IF THE PATIENT APPEARS TO  BE  A
 CANDIDATE  FOR  TRANSPLANTATION,  PROVIDE  THE  PATIENT  WITH TRANSPLANT
 EDUCATION MATERIALS INCLUDING THOSE PREPARED UNDER SECTION  TWO  HUNDRED
 SEVEN OF THIS CHAPTER.
   §  5.  Paragraph  (d)  of  subdivision  1 of section 207 of the public
 health law, as amended by section 16 of part A of  chapter  109  of  the
 laws of 2010, is amended to read as follows:
   (d)  The need FOR and importance of organ and tissue donation, INCLUD-
 ING LIVING DONATION, including information about being registered as  an
 organ  and  tissue  donor  and executing documents of gift under article
 forty-three of this chapter; AND INFORMATION TO INCREASE PATIENT  UNDER-
 STANDING  ABOUT  THE  MEDICAL OPTION OF TRANSPLANT AND ITS DESIRABILITY.
 IN IMPLEMENTING THIS PARAGRAPH, THE DEPARTMENT SHALL  CONSULT  WITH  THE
 TRANSPLANT COUNCIL IN THE DEPARTMENT.
   §  6. Paragraph 38 of subsection (c) of section 612 of the tax law, as
 added by chapter 565 of the laws of 2006, is amended to read as follows:
   (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
 living,  donates one or more of his or her human organs to another human
 being for human organ transplantation. For purposes of  this  paragraph,
 "human organ" means all or part of a liver, pancreas, kidney, intestine,
 lung,  or  bone marrow. A subtract modification allowed under this para-
 graph shall be claimed in the taxable year  in  which  the  human  organ
 transplantation  occurs.    PROVIDED, HOWEVER, THAT THIS DEDUCTION SHALL
 NOT APPLY TO ANY DONATION FOR WHICH THE TAXPAYER HAS  RECEIVED  BENEFITS
 UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
   §  7. The social services law is amended by adding a new section 365-o
 to read as follows:
   § 365-O. PROVISION AND COVERAGE OF SERVICES FOR LIVING  ORGAN  DONORS.
 THIS  SECTION APPLIES IN THE CASE OF A LIVING DONOR UNDER SECTION FORTY-
 THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW WHO IS OTHERWISE ELIGIBLE
 FOR MEDICAL ASSISTANCE UNDER THIS  ARTICLE.  SERVICES  FOR  THAT  PERSON
 COVERED  UNDER THAT SECTION THAT WOULD OTHERWISE BE HEALTH CARE SERVICES
 UNDER THIS ARTICLE SHALL BE PAID FOR UNDER THIS ARTICLE  AND  NOT  UNDER
 SUCH SECTION, PROVIDED FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE.
   §  8. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law; provided  that,  effective
 immediately,  the commissioner of health shall make regulations and take
 other actions reasonably necessary to implement this act on that date.