N.Y. PBH Law § 4371

§ 4371. Reimbursement of living donor expenses. 1. The living donor\nsupport program is hereby established in the department.\n 2. (a) Subject to appropriations therefor, the program shall pay the\nliving donor expenses for living donors who are residents of the state\nand make a living donation in which the ultimate recipient, either\ndirectly or through paired donation is a resident of the state. The\ncommissioner through regulations shall establish eligible living donor\nexpenses that are eligible for reimbursement under the program which\nshall include at a minimum: lost wages (including demonstrated lost\nnon-employment income) or the economic value of sick or vacation days\nexpended; travel and lodging, child care and elder care expenses; and\ncosts of medications and care associated with the living donation\nsurgery that are not covered by health insurance. The total period of\ntime related to lost wages or expended sick or vacation days shall not\nexceed four weeks unless special circumstances are demonstrated, such as\nthe nature of physical labor required for the living donor's employment;\nprovided that the total period shall in no event exceed eight weeks. The\ncommissioner may, by regulation, impose reasonable limitations on: (i)\nthe amount of lost wages for a living donor making an income in excess\nof an annual rate of one hundred twenty-five thousand dollars; or (ii)\nthe amount of living donor expenses above fourteen thousand dollars for\nany single living donor; and may include additional living donor\nexpenses including reimbursement for costs of care performed by\nrelatives or family members of the living donor.\n (b) The program shall not pay reimbursement for expenses paid or\nrequired to be paid for by any third-party payer, including wages or\nother expenses that were covered under paid medical leave by the living\ndonor's employer or that are covered by other sources of reimbursement\nsuch as the federal National Living Donor Assistance Program. The\nprogram shall be the payer of last resort with respect to any benefit\nunder the program.\n (c) Living donor expenses shall be reimbursed as close in time as\npossible to their being incurred by the donor, including by pre-payment\nwhere practicable.\n 3. (a) The commissioner may contract for the administration of\nreimbursement under the program. Factors such as cost to the state, ease\nof use for the living donor, and ease of use for transplant center\nhospitals shall be taken into consideration when awarding such contract.\n (b) The commissioner shall make regulations to implement this section.\n (c) This section shall be interpreted so as not to conflict with the\nfederal National Organ Transplant Act (42 U.S.C. 274e).\n