The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  146--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced   by   M.   of   A.   GOTTFRIED,  SIMON,  MORINELLO,  CAHILL,
   J. M. GIGLIO, COLTON, THIELE, ENGLEBRIGHT, COOK,  GUNTHER,  McDONOUGH,
   DINOWITZ,  PEOPLES-STOKES, PERRY, STECK, GOODELL, L. ROSENTHAL, QUART,
   RODRIGUEZ,  KIM,   PALMESANO,   ABINANTI,   RA,   DiPIETRO,   HYNDMAN,
   JEAN-PIERRE, BENEDETTO, GALEF, WEPRIN, WILLIAMS, LAVINE, BARRON, WOER-
   NER,   DICKENS,  BRONSON,  NIOU,  CUSICK,  NORRIS,  CARROLL,  SOLAGES,
   SEAWRIGHT, ZEBROWSKI, DE LA ROSA, TAYLOR, SAYEGH, SALKA -- Multi-Spon-
   sored by -- M. of A. AUBRY, BARCLAY, BRAUNSTEIN, CYMBROWITZ,  DeSTEFA-
   NO, FITZPATRICK, HEVESI, PICHARDO, PRETLOW, RAMOS, REILLY -- read once
   and  referred  to  the Committee on Health -- reported and referred to
   the Committee on Ways and Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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 4369 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 II
                           LIVING ORGAN DONATION

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00054-03-1

 A. 146--A                           2
 
 SECTION 4370. DEFINITIONS.
         4371. REIMBURSEMENT OF LIVING DONOR EXPENSES.
         4372. TRANSPLANT  EDUCATION  OF  PATIENTS WITH KIDNEY DISEASE OR
                 END STAGE RENAL FAILURE.
   § 4370. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   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-ONE OF THIS TITLE.
   4. "LIVING DONOR SUPPORT PROGRAM" OR "PROGRAM" MEANS THE LIVING  DONOR
 SUPPORT  PROGRAM  ESTABLISHED UNDER SECTION FORTY-THREE HUNDRED SEVENTY-
 ONE 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.
   § 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); 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.

 A. 146--A                           3
 
   (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).
   § 4372. 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-ONE 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-ONE  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  AVAIL-
 ABLE.
   §  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.