Senate Bill S333

                                 BILL NUMBER:  S333

 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 aliens

 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
undocumented persons who experience chronic renal ailments, both
fiscal and moral reasons justify expanding coverage to also include
kidney transplants.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends Section 365-a of the Social Services Law by adding a
new subdivision 10, which would allow public medical assistance to
include coverage of actual kidney transplant procedures, as well as
medical aftercare services not limited to prescription drug coverage
and follow-up visits to the doctor. The Section mandates that an
undocumented person must undergo two years of emergency dialysis
              

treatment in New York in order to qualify for public assistance for a
kidney transplant. Finally, the Commissioner of Health is ordered to
develop guidelines (e.g., a database or receipt system) in order to
verify this two year qualification period for a prospective kidney
recipient receiving benefits under the subsection.

Section 2 sets forth the effective date of the legislation.

 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 and New
York possesses a shining opportunity to proceed as a national leader
on this issue.

Beyond the moral reality that a kidney patient's quality of life
improves markedly following a transplant with the elimination of that
patient's need for long dialysis procedures, the cost savings
associated with this legislation are quite real. Whereas dialysis
patients remain beholden to this expensive treatment for the remainder
of their lives, kidney transplantation halts this routine expenditure
by the State. While the upfront cost of a transplant 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 - S6056A

 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.