Chapter
04-601
2004 -- S 2798 AS AMENDED
Enacted 08/05/04
A N A C T
RELATING
TO DEPARTMENT OF ADMINISTRATION - ORGAN TRANSPLANT FUND
Introduced
By: Senator Leo R. Blais
Date
Introduced: February 11, 2004
It is
enacted by the General Assembly as follows:
SECTION
1. Section 42-11-13 of the General Laws in Chapter 42-11 entitled
"Department
of Administration" is hereby amended to read as follows:
42-11-13.
Rhode Island organ transplant fund. -- (a) There is hereby created the
Rhode
Island organ transplant fund, hereinafter referred to as "the fund".
The general treasurer
shall
invest and reinvest the same in accordance with section 35-10-2. The department
of human
services
shall administer the organ transplant program. Disbursement of funds from the
fund shall
be
made by the general treasurer upon receipt by him or her of properly
authenticated vouchers
from
the department of human services.
(b) The fund shall consist of all revenues received pursuant to section
44-30-2.1 and
gifts,
grants, and donations from public and private sources. All revenues credited to
the fund
shall
not be subject to expenditure except for the purposes hereinafter stated.
(c) The fund shall be used to help defray any expenses of human organ
transplants
incurred
by Rhode Island residents and their families. For purposes of the fund, family
shall be
limited
to the parents or spouse or guardian or next-of-kin of the recipient of the
organ transplant.
Expenses
shall be limited to nonreimbursed costs associated with organ transplants
including
hospital
and medical care, all drugs prescribed exclusively for post- which
relate to organ
transplant
maintenance (disbursement from fund for maintenance drugs shall be limited to
fifty
percent
(50%) of average wholesale price or fifty percent (50%) of nonreimbursed costs
whichever
is less), and out-of-state living expenses of the family for a period of not
more than
sixty
(60) days at the time of the organ transplant operation. (The disbursement from
the fund for
out-of-state
living expenses shall not exceed the per diem rate allowed state employees for
accommodations
and sustenance.) Disbursement from the fund shall not be made until the
principal
of the fund equals fifteen thousand dollars ($15,000). The general treasurer
shall
publicly
announce when the principal of the fund equals fifteen thousand dollars
($15,000).
Application
for the disbursement from the fund shall not be made or accepted until the principal
of
the fund equals fifteen thousand dollars ($15,000). In addition to the
foregoing allowable
disbursements,
disbursement for organ transplant recipients may be made from the organ
transplant
fund to meet the recipient's spend-down requirement for the Rhode Island
medical
assistance
program (Medicaid), provided that the recipient's income does not exceed twelve
thousand
dollars ($12,000) per year, and the funds are repaid by the recipient and
deposited in the
organ
transplant fund are repaid by the recipient and deposited in the organ
transplant fund over
the
six (6) month Medicaid spend-down period in six (6) equal monthly payments.
(d) Disbursements from the fund and the fund itself are not entitlement
programs. The
fund
shall not incur a deficit.
(e) The director of the department of human services shall promulgate rules and
regulations,
in accordance with the Administrative Procedures Act, section 42-35-1 et seq.,
to
implement
the operation of the fund. The director of the department of human services or
his or
her
designee shall confer with the general treasurer prior to promulgating rules
and regulations.
(f) This fund shall operate prospectively provided, however, a Rhode Island
resident on
maintenance
drugs as set forth in subsection (c) of this section may apply for disbursement
after
the
principal of the fund equals fifteen thousand dollars ($15,000).
SECTION
2. This act shall take effect January 1, 2005.
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LC00232
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