S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2377
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Subdivisions 2 and 5 of section 4370 of the public health
 law, as added by 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, are amended to read as follows:
   2.  "Living  donor"  means:  (A)  an  individual  who  makes  a living
 donation; OR
   (B) AN INDIVIDUAL WHO INCURS EXPENSES AS PART OF THE  LIVING  DONATION
 SCREENING  AND EVALUATION PROCESS BUT THAT, THROUGH NO DECISION OR JUDG-
 MENT OF THEIR OWN, DOES NOT BECOME AN ACTUAL LIVING DONOR.
   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 INTENDED recipient OF  THE
 INITIAL LIVING DONOR.
   §  2.  Paragraph  (a)  of  subdivision 2 of section 4371 of the public
 health law, as added by 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, is amended to read as follows:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04223-01-3
              

 A. 2377                             2
 
 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 [a limitation] REASONABLE LIMI-
 TATIONS 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.
   § 3. Section 4372 of the public health law, as added by 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, is amended
 to read as follows:
   § 4372. 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] NEPHROLOGISTS AND  PRIMARY  CARE  PROVIDERS  WITH
 PRIMARY  RESPONSIBILITY  OF  CARING  FOR  PATIENTS  WITH  CHRONIC KIDNEY
 DISEASE STAGE THREE OR FOUR, OR END STAGE RENAL DISEASE,  SHALL  PROVIDE
 PATIENTS  WITH  CURRENT AND EVIDENCE BASED PRINTED EDUCATIONAL MATERIALS
 ABOUT THE PROGRESSION OF KIDNEY  DISEASE  AND  RELEVANT  PREVENTION  AND
 TREATMENT OPTIONS, INCLUDING TRANSPLANTATION.
   §  4.  Paragraph  (d)  of  subdivision  1 of section 207 of the public
 health law, as amended by 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, 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] THE department shall consult  with
 the transplant council [in the department] ON THE PRODUCTION OF ANY SUCH
 INFORMATION  AND ENSURE THAT SUCH INFORMATION IS CULTURALLY AND LINGUIS-
 TICALLY APPROPRIATE FOR ALL RECIPIENTS.
   § 5. Section 365-o of the social services law, as added by  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
 A. 2377                             3
 
 proposed  in  legislative bills numbers S. 1594 and A. 146-A, is amended
 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-one  of  the public health law who is [otherwise
 eligible for]  ENROLLED  IN  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] TITLE.  LIVING  DONOR  EXPENSES  FOR
 ELIGIBLE  INDIVIDUALS  UNDER  SECTION FORTY-THREE HUNDRED SEVENTY-ONE OF
 THE PUBLIC HEALTH LAW THAT ARE COVERED BENEFITS  UNDER  THIS  TITLE  ARE
 EXCLUDED  FROM  REIMBURSEMENT  UNDER  THE  LIVING DONOR SUPPORT PROGRAM,
 DEFINED IN SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW,
 provided federal financial participation is available.
   § 6. 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.