Senate Bill S5722

                                
 
BILL NUMBER: S5722

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 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 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 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 undocu-
mented person must undergo two years of emergency dialysis treatment in
New York in order to qualify for public assistance for a kidney trans-
plant. Finally, the Commissioner of Health is ordered to develop guide-
lines (e.g., a database or receipt system) in order to verify the 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 has a shin-
ing 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 trans-
plantation 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 associ-
ated 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:

2016: S. 6056-A (Peralta)
2017: S. 333 (Peralta)

 
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 EFFEC-
TIVE DATE IS AUTHORIZED AND DIRECTED TO BE MADE AND COMPLETED ON OR
BEFORE SUCH EFFECTIVE DATE.