The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1594
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced by Sens. RIVERA, BENJAMIN, GALLIVAN, SERINO -- 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 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 2
                           LIVING ORGAN DONATION
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00054-02-1

 S. 1594                             2
 
 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.
   (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).

 S. 1594                             3
 
   § 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.