S T A T E O F N E W Y O R K
________________________________________________________________________
9464
I N A S S E M B L Y
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:
Section 1. 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 estab-
lish eligible living donor expenses that are eligible for reimbursement
under the program which shall include at a minimum: lost wages (includ-
ing 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 demon-
strated, 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 reason-
able 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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