BILL NUMBER: S5888

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the social services law, in relation to authorizing the
payment of medical assistance for the provision of organ 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 organ transplantation to include
undocumented persons in New York.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 365-a of the Social Services Law by adding a
new subdivision 11, which would allow public medical assistance to
include coverage of actual organ transplant procedures, as well as
medical aftercare services not limited to prescription drug coverage and
follow-up visits to the doctor. This Section also mandates that the
              

organ transplant must be deemed medically necessary.

Section 2 sets forth the effective date of the legislation.

 
JUSTIFICATION:

Currently in New York, undocumented people are able to donate organs,
however receiving a transplanted organ is incredibly difficult. They
face many barriers when attempting to receive a transplant. Although
undocumented people are able to receive some level of temporary medical
assistance in cases of emergency through Emergency Medicaid, organ tran-
splants are not covered - even in cases of life-threatening emergencies.
Medically necessary organ transplants should not be excluded due to
someone's documentation status. A report published in the Wiley Online
Library finds health disparities between the undocumented and general
population in the United States - a major factor being due to a lack of
access or assistance. The report also finds that although undocumented
immigrants make up approximately 3% of the nation's population, they
make up 27% of people living without the benefit of health insurance.
Various restrictive state and federal laws across the nation contribute
to such disparities. In New York, the exclusion of organ donations from
Emergency Medicaid contributes to further barriers to access.  Illinois
currently provides financial assistance for emergency kidney transplants
for undocumented people. New York prides itself on being a safe and
welcoming beacon for all immigrants, including those who are undocu-
mented. To truly be a beacon, the state must expand beyond Illinois and
provide financial assistance for all organs when it is truly deemed
medically necessary.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
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 completed on or
before such effective date.