§ 4371. Reimbursement of living donor expenses. 1. The living donor
support program is hereby established in the department.

2. (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
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 reasonable 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.

(b) The program shall not pay reimbursement for expenses paid or
required to be paid for by any third-party payer, including wages or
other expenses that were covered under paid medical leave by the living
donor's employer or that are covered by other sources of reimbursement
such as the federal National Living Donor Assistance Program. The
program shall be the payer of last resort with respect to any benefit
under the program.

(c) Living donor expenses shall be reimbursed as close in time as
possible to their being incurred by the donor, including by pre-payment
where practicable.

3. (a) The commissioner may contract for the administration of
reimbursement under the program. Factors such as cost to the state, ease
of use for the living donor, and ease of use for transplant center
hospitals shall be taken into consideration when awarding such contract.

(b) The commissioner shall make regulations to implement this section.

(c) This section shall be interpreted so as not to conflict with the
federal National Organ Transplant Act (42 U.S.C. 274e).