Removes the prohibition on patient participation in multiple transplant programs in New York state, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7617
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. PEOPLES-STOKES, DAVILA, PALMESANO, SMULLEN, KAY,
   ROMERO, SHIMSKY, ALVAREZ, DeSTEFANO, McDONOUGH,  MORINELLO,  K. BROWN,
   O'PHARROW -- read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to removing the
   prohibition on patient participation in multiple  transplant  programs
   in New York state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4363 of the public health law, as added by  chapter
 589 of the laws of 1990, is amended to read as follows:
   §  4363.  Waiting lists for organs. 1. All organs retrieved for trans-
 plantation 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  organ-
 ization in the service area in which the organ is to be implanted. Noth-
 ing 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11152-02-5
 A. 7617                             2
 
   2.  [No organ procurement organization designated to serve any part of
 New York state shall place any person on a waiting list  for  the  allo-
 cation  of  organs  for  transplantation if that person is listed on any
 other waiting list for the allocation of that organ  maintained  by  any
 other organ procurement organization designated to serve any part of New
 York state.
   3. No person may place his or her name on a waiting list for the allo-
 cation  of organs for transplantation maintained by an organ procurement
 organization designated to serve any part  of  New  York  state  if  the
 person  is  listed  on any other waiting list for the allocation of that
 organ maintained by any other organ procurement organization  designated
 to serve any part of New York state. Each facility performing transplant
 services  shall inform a patient of the prohibition against being placed
 on multiple waiting lists before arranging  for  the  placement  of  the
 patient on a waiting list.
   4.]  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.
   § 2. This act shall take effect immediately.