S T A T E O F N E W Y O R K
________________________________________________________________________
1321
2023-2024 Regular Sessions
I N S E N A T E
January 11, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 1321 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
S. 1321 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.