The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1321
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health 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. Subdivisions 2 and 5 of section 4370 of the  public  health
 law,  as  added  by  a  chapter  of the laws of 2022 amending the public
 health law, the tax law and the social services law relating to  support
 of  living  organ  donation, as proposed in legislative bills numbers S.
 1594 and A.  146-A, are amended to read as follows:
   2. "Living  donor"  means:  (A)  an  individual  who  makes  a  living
 donation; OR
   (B)  AN  INDIVIDUAL WHO INCURS EXPENSES AS PART OF THE LIVING DONATION
 SCREENING AND EVALUATION PROCESS BUT THAT, THROUGH NO DECISION OR  JUDG-
 MENT OF THEIR OWN, DOES NOT BECOME AN ACTUAL LIVING DONOR.
   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 INTENDED recipient OF THE
 INITIAL LIVING DONOR.
   § 2. Paragraph (a) of subdivision 2 of  section  4371  of  the  public
 health  law,  as  added  by  a  chapter of the laws of 2022 amending the
 public health law, the tax law and the social services law  relating  to
 support  of  living  organ  donation,  as  proposed in legislative bills
 numbers S. 1594 and A. 146-A, is amended to read as follows:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04223-01-3

 S. 1321                             2
 
 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)[;] OR 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  THAT  ARE  NOT COVERED BY HEALTH INSURANCE. The total period of
 time related to lost wages or expended sick or vacation days  shall  not
 exceed four weeks unless special circumstances 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] REASONABLE LIMI-
 TATIONS 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.
   § 3. Section 4372 of the public health law, as added by a  chapter  of
 the  laws  of  2022  amending the public health law, the tax law and the
 social services law relating to support of  living  organ  donation,  as
 proposed  in  legislative bills numbers S. 1594 and A. 146-A, is amended
 to read as follows:
   § 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] NEPHROLOGISTS AND  PRIMARY  CARE  PROVIDERS  WITH
 PRIMARY  RESPONSIBILITY  OF  CARING  FOR  PATIENTS  WITH  CHRONIC KIDNEY
 DISEASE STAGE THREE OR FOUR, OR END STAGE RENAL DISEASE,  SHALL  PROVIDE
 PATIENTS  WITH  CURRENT AND EVIDENCE BASED PRINTED EDUCATIONAL MATERIALS
 ABOUT THE PROGRESSION OF KIDNEY  DISEASE  AND  RELEVANT  PREVENTION  AND
 TREATMENT OPTIONS, INCLUDING TRANSPLANTATION.
   §  4.  Paragraph  (d)  of  subdivision  1 of section 207 of the public
 health law, as amended by a chapter of the laws  of  2022  amending  the
 public  health  law, the tax law and the social services law relating to
 support of living organ  donation,  as  proposed  in  legislative  bills
 numbers S.  1594 and A. 146-A, 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] THE department shall consult  with
 the transplant council [in the department] ON THE PRODUCTION OF ANY SUCH
 INFORMATION  AND ENSURE THAT SUCH INFORMATION IS CULTURALLY AND LINGUIS-
 TICALLY APPROPRIATE FOR ALL RECIPIENTS.
   § 5. Section 365-o of the social services law, as added by  a  chapter
 of  the laws of 2022 amending the public health law, the tax law and the
 social services law relating to support of  living  organ  donation,  as
 S. 1321                             3
 
 proposed  in  legislative bills numbers S. 1594 and A. 146-A, is amended
 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]  ENROLLED  IN  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] TITLE.  LIVING  DONOR  EXPENSES  FOR
 ELIGIBLE  INDIVIDUALS  UNDER  SECTION FORTY-THREE HUNDRED SEVENTY-ONE OF
 THE PUBLIC HEALTH LAW THAT ARE COVERED BENEFITS  UNDER  THIS  TITLE  ARE
 EXCLUDED  FROM  REIMBURSEMENT  UNDER  THE  LIVING DONOR SUPPORT PROGRAM,
 DEFINED IN SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW,
 provided federal financial participation is available.
   § 6. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the public health law,
 the tax law and the social services law relating to  support  of  living
 organ  donation, as proposed in legislative bills numbers S. 1594 and A.
 146-A, takes effect.