Legislation

§ 4363. Waiting lists for organs. 1. All organs retrieved for
transplantation in New York state shall be allocated according to
waiting lists developed by the organ procurement organization in the
service area in which the organ is procured, provided, however, that
nothing herein shall preclude the exercise of medical judgment in
determining the suitability of a proposed recipient to receive a
particular organ, and provided further, however, that if an organ is
brought into a service area of an organ procurement organization from
the service area of another organ procurement organization, the organ
shall be allocated according to the waiting list developed by the organ
procurement organization in the service area in which the organ is to be
implanted. Nothing in this section shall prohibit:

(a) an individual donor from designating the recipient of an organ;

(b) organ sharing with other organ procurement organizations in
accordance with federal and state standards including standards to meet
the needs of patients who are highly sensitized and for whom it is
difficult to identify a suitable kidney due to conditions such as a
blood transfusion, immunization, prior pregnancy or a previous failed
kidney transplant;

(c) organ sharing with other organ procurement organizations in
accordance with organ sharing agreements approved by the commissioner.

2. In policies and procedures for distributing organs, no organ
procurement organization shall consider or give any preference to
patients in a facility based upon the facility's past or present
procurement performance or its past or present relationship with a donor
hospital.