NY State Senate Bill S2498

Archive: Last Bill Status - In Senate Committee Health Committee

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Actions

view actions (3)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Feb 07, 2017	reported and committed to finance
Jan 13, 2017	referred to health

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Feb 7, 2017 - Health committee Vote

S2498

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S2498 (ACTIVE) - Details

See Assembly Version of this Bill:: A5475
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd Art 43-B Art Head, §207, desig §§4360 - 4368 to be Title 1, add Title 1 Head, Art 43-B Title 2 §§4369 - 4371, Pub Health L; amd §612, Tax L; add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1339, A1129
2021-2022: S1594, A146

S2498 (ACTIVE) - Summary

Enacts the "New York state living donor support act" to provide state reimbursement to living organ donors, who are state residents, for medical and associated expenses incurred as a result of the organ donation, when the organ donation is made to another resident of the state; requires the provision of information on transplantation to patients with severe kidney disease.

S2498 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2498       Revised 2/13/17

 TITLE OF BILL :  An act to amend the public health law, the tax law
and the social services law, in relation to support of living organ
donation

 PURPOSE :

To encourage living organ donation through financial support and
educational initiatives.

 SUMMARY OF PROVISIONS :

Section 1: Titles the bill as "New York State Living Donor Support
Act".

Section 2: Amends the article heading of Public Health Law Article
43-B.

Section 3: Designates PHL §§ 4360-4368 as a new title 1 within article
43-B of the public health law.

Section 4: Created a new Title 2 within Article 43-B including:

*A new § 4369 defining terms used in the Title 2;

*A new § 4370 providing the Living Donor Support Program, to pay
certain expenses that arise due to the act of living donation, for
living donors who are NY residents and whose donation benefits a NY
resident; lists eligible expense categories; requires that the Program
shall be payer of last resort; and authorizes the Department to
contract for the administration of such payments.

*A new § 4371 requiring that a nephrologist or primary care
practitioner treating certain chronic kidney disease patients shall
provide transplant-eligible patients with transplant education
materials prepared under section 207 of the public health law.

Section 5: Amends PHL § 207 by adding living donation information to
the Department's existing organ and tissue donation education
programs.

Section 6: Amends section 612 of the tax law to provide that
individuals receiving benefits through the Living Donor Support
Program may not also benefit from the tax deduction for organ
donation.

Section 7: Adds a new section 365-o of the social services law
providing that for Medicaid recipients who are living organ donors
under the Program, services covered by the Program shall be paid by
Medicaid rather than the Program if federal financial participation is
available.

Section 8: Effective date

 JUSTIFICATION :

New York faces a severe shortage of organs for transplantation. We
rank 49th among the states in organ donor registration, and in 2015,
over 800 patients on transplant waiting lists either died while
waiting or became too sick to receive a transplant.

This bill would increase living donation by removing financial
barriers and educating the public about living donation. It would
provide reimbursement for living donors who are residents of NY and

who make a living donation in which the ultimate recipient is also a
NY resident.

Eligible reimbursement would include financial costs incurred by
living donors as a result of living donation, including lost wages,
sick and vacation days, child care, or medical expenses. The donor
support program would be "payer of last resort" and shall have
limitations on the amount of eligible expenses.

The bill also provides for patient education through nephrologists and
primary care practitioners. Knowledge about living donation is very
low, and more than 1/3 of New Yorkers believe the risk of death during
donor surgery to be greater than 1 in 20 - when the real risk is 1 in
3,300.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
April 1, following date of enactment.

S2498 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2498

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced  by  Sens. HANNON, AKSHAR, AMEDORE, AVELLA, CARLUCCI, DeFRAN-
  CISCO, GALLIVAN, GOLDEN, O'MARA, ORTT, SERINO, SEWARD, YOUNG  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Health

AN ACT to amend the public health  law,  the  tax  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. Short title. This act shall be known and may  be  cited  as
the "New York state living donor support act".
  §  2. The article heading of article 43-B of the public health law, as
added by chapter 589 of the laws of 1990, is amended to read as follows:
         ORGAN[, TISSUE AND BODY PARTS] PROCUREMENT AND [STORAGE]
                              DONOR SUPPORT
  § 3. Sections 4360 through 4368 of article 43-B of the  public  health
law  are designated title 1, and a new title heading is added to read as
follows:
           ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE
  § 4. Article 43-B of the public health law is amended by adding a  new
title 2 to read as follows:
                                  TITLE 2
                          LIVING ORGAN DONATION

SECTION 4369. DEFINITIONS.
        4370. REIMBURSEMENT OF LIVING DONOR EXPENSES.
        4371. TRANSPLANT  EDUCATION  OF  PATIENTS WITH KIDNEY DISEASE OR
                END STAGE RENAL FAILURE.
  § 4369. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05767-01-7

S. 2498                             2

  1. "LIVING DONATION" MEANS THE GIFT BY AN INDIVIDUAL OF  AN  ORGAN  OF
THAT  INDIVIDUAL'S  BODY  TO  BE  TRANSPLANTED INTO ANOTHER INDIVIDUAL'S
BODY, THE GIFT TO BE EXECUTED WHILE THE DONATING  INDIVIDUAL  IS  LIVING
AND  WITH  THE INTENT THAT THE DONATING INDIVIDUAL WILL CONTINUE TO LIVE
AFTER THE EXECUTION OF THE GIFT.
  2. "LIVING DONOR" MEANS AN INDIVIDUAL WHO MAKES A LIVING DONATION.
  3.  "LIVING DONOR EXPENSES" MEANS FINANCIAL COSTS INCURRED BY A LIVING
DONOR THAT ARISE DUE TO THE ACT OF LIVING DONATION AND ITS CONSEQUENCES,
THAT ARE SUBJECT TO  REIMBURSEMENT  UNDER  SECTION  FORTY-THREE  HUNDRED
SEVENTY OF THIS TITLE.
  4.  "LIVING DONOR SUPPORT PROGRAM" OR "PROGRAM" MEANS THE LIVING DONOR
SUPPORT PROGRAM ESTABLISHED UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF
THIS TITLE.
  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 RECIPIENT.
  § 4370. 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); 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. THE TOTAL PERIOD OF TIME RELATED TO LOST WAGES OR EXPENDED SICK
OR  VACATION  DAYS  SHALL  NOT  EXCEED FOUR WEEKS UNLESS SPECIAL CIRCUM-
STANCES 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 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.

S. 2498                             3

  (C) THIS SECTION SHALL BE INTERPRETED SO AS NOT TO CONFLICT  WITH  THE
FEDERAL NATIONAL ORGAN TRANSPLANT ACT (42 U.S.C. 274E).
  §  4371.  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.
  §  5.  Paragraph  (d)  of  subdivision  1 of section 207 of the public
health law, as amended by section 16 of part A of  chapter  109  of  the
laws of 2010, 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 DEPARTMENT SHALL  CONSULT  WITH  THE
TRANSPLANT COUNCIL IN THE DEPARTMENT.
  §  6. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs.    PROVIDED, HOWEVER, THAT THIS DEDUCTION SHALL
NOT APPLY TO ANY DONATION FOR WHICH THE TAXPAYER HAS  RECEIVED  BENEFITS
UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
  §  7. The social services law is amended by adding a new section 365-o
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 OF THE PUBLIC HEALTH LAW WHO IS OTHERWISE ELIGIBLE
FOR 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, PROVIDED FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE.
  §  8. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided  that,  effective
immediately,  the commissioner of health shall make regulations and take
other actions reasonably necessary to implement this act on that date.

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senate Bill S2498

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Archive: Last Bill Status - In Senate Committee Health Committee

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Votes

Feb 7, 2017 - Health committee Vote

Health Committee Vote: Feb 7, 2017

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S2498 (ACTIVE) - Details

S2498 (ACTIVE) - Summary

S2498 (ACTIVE) - Sponsor Memo

S2498 (ACTIVE) - Bill Text download pdf

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senate Bill S2498

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Archive: Last Bill Status - In Senate Committee Health Committee

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Votes

Feb 7, 2017 - Health committee Vote

Health Committee Vote: Feb 7, 2017

Co-Sponsors

S2498 (ACTIVE) - Details

S2498 (ACTIVE) - Summary

S2498 (ACTIVE) - Sponsor Memo

S2498 (ACTIVE) - Bill Text download pdf

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