Cover Transplants For Immigrants

Title of bill

An act to amend the social services law, in relation to authorizing the payment of medical assistance for the provision of kidney transplants for certain aliens

Purpose or general idea of bill

This bill amends the Social Services Law, with regard to expanding available public medical assistance for kidney transplantation to include undocumented persons in New York. Where current law provides that public assistance shall cover routine dialysis treatment for undocumented persons who experience chronic renal ailments, both fiscal and moral reasons justify expanding coverage to also include kidney transplants.

Summary of specific provisions

Section 1 amends Section 365-a of the Social Services Law by adding a new subdivision 10, which would allow public medical assistance to include coverage of actual kidney transplant procedures, as well as medical aftercare services not limited to prescription drug coverage and follow-up visits to the doctor. The Section mandates that an undocumented person must undergo two years of emergency dialysis treatment in New York in order to qualify for public assistance for a kidney transplant. Finally, the Commissioner of Health is ordered to develop guidelines (e.g., a database or receipt system) in order to verify this two year qualification period for a prospective kidney recipient receiving benefits under the subsection.

Section 2 sets forth the effective date of the legislation.

Justification

Currently in New York, public financial assistance is made available to undocumented persons seeking emergency medical care. Falling under this rubric, undocumented persons experiencing end-stage renal failure often undergo dialysis treatment on a biweekly basis at emergency facilities across the State. To date, Illinois is the only other jurisdiction extending this care to undocumented immigrants and New York possesses a shining opportunity to proceed as a national leader on this issue.

Beyond the moral reality that a kidney patient's quality of life improves markedly following a transplant with the elimination of that patient's need for long dialysis procedures, the cost savings associated with this legislation are quite real. Whereas dialysis patients remain beholden to this expensive treatment for the remainder of their lives, kidney transplantation halts this routine expenditure by the State. While the upfront cost of a transplant is higher than the annual cost of dialysis, the State is poised to save money over time as the annual fees associated with post-transplant medication are drastically lower than the price tag of dialysis. Further, to limit the State's public aid to persons residing in New York, this legislation requires an eligible person to demonstrate that they have already undergone two years of dialysis treatment covered by the State's existing public assistance programs.

Finally, in noting that New York ranks last out of the fifty states in terms of per capita registered organ donors, it is plausible to believe that expanding transplantation care to undocumented persons would encourage more donor enrollment in underserved communities. Pointedly, a family member may be more likely to enroll as a donor in

a scenario where all relatives in need of a kidney transplant are able to obtain one within New York State.

Prior legislative history

2015-2016 - S6056A

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first day of January next succeeding the date on which it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.