BILL NUMBER: S3577

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to authorizing the
payment of medical assistance for the provision of kidney transplants
for certain residents of New York

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends the Social Services Law. with regard to expanding
available public medical assistance for kidney transplantation to
include undocumented persons in New York. Where current law provides
that public assistance shall cover routine dialysis treatment for undoc-
umented persons who experience chronic renal ailments, both fiscal and
moral reasons justify expanding coverage to also include kidney trans-
plants.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 365-a of the Social Services Law by adding a
              

new subdivision 11 with regard to expanding Medicaid for kidney trans-
plantation to include coverage for undocumented persons in New York who
have received emergency renal dialysis for no less than two consecutive
years Additionally, this section allows the Commissioner of Health to
develop guidelines (e.g a database or receipt system) in order to verify
the two year qualification period.

Section 2 sets the effective date.

 
JUSTIFICATION:.

Currently in New York, public financial assistance is made available to
undocumented persons seeking emergency medical care. Falling under this
rubric. undocumented persons experiencing end-stage renal failure often
undergo dialysis treatment on a biweekly basis at emergency facilities
across the State. To date, Illinois is the only other jurisdiction
extending this care to undocumented immigrants, so New York has an
opportunity to be a national leader on this issue as the largest state
to expand this coverage. Beyond the moral reality that a kidney patients
quality of life improves markedly following a transplant with the elimi-
nation of that patients need for frequent dialysis treatments, the cost
savings associated with this legislation is significant.

Whereas dialysis patients remain beholden to this expensive treatment
for the remainder of their lives, kidney transplantation halts this
recurring expenditure by the State. While the upfront cost of a trans-
plant is higher than the annual cost of dialysis. the State is poised to
save money over time as the annual fees associated with post-transplant
medication are drastically lower than the price tag of dialysis.
Further, to limit the State's public aid to persons residing in New
York, this legislation requires an eligible person to demonstrate that
they have already undergone two years of dialysis treatment covered by
the State's existing public assistance programs.

Finally, in noting that New York ranks last out of the fifty states in
terms of per capita registered organ donors, it is plausible to believe
that expanding transplantation care to undocumented persons would
encourage more donor enrollment in underserved communities.  Pointedly,
a family member may be more likely to enroll as a donor in a scenario
where all relatives in need of a kidney transplant are able to obtain
one within New York State.

 
PRIOR LEGISLATIVE HISTORY:.

2015-2016 S6056.A Peralta A9283 Maya

2018-2017 S333 Peralta /No Same As

2019-2020 S5722 A7545 Ortiz

2021-2022 S2545 / No Same As

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law; provided, however, that
effective immediately, the addition, amendment. and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date is authorized and directed to be made and