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AB-2846 Organ and tissue transplantation: uninsured or undocumented individuals.(2017-2018)

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Date Published: 04/02/2018 09:00 PM
AB2846:v97#DOCUMENT

Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 20, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2846


Introduced by Assembly Member Gipson

February 16, 2018


An act to add Section 7161 to and repeal Section 7161 of the Health and Safety Code, relating to public health, and making an appropriation therefor. health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2846, as amended, Gipson. Organ and tissue transplantation: uninsured or undocumented individuals.
Existing law, the Uniform Anatomical Gift Act, authorizes the making of a donation of all or part of a human body or a pacemaker to take effect upon or after death, as specified. Existing law also requires each general acute care hospital to develop a protocol for identifying potential organ and tissue donors. Existing law requires an application for an original or renewal driver's license or identification card to contain a space for the applicant to enroll in the Donate Life California Organ and Tissue Donor Registry. Existing law required the State Department of Health Services to consult with the Legislature, on or before December 31, 1991, to evaluate and make recommendations to improve the effectiveness of organ transplantation for the general public and in minority communities and low-income communities in California, as specified.
This bill would require the State Department of Public Health to establish a program to reimburse hospitals for the costs of performing organ and tissue transplants for individuals who do not have health insurance or a government-provided health care benefit. The bill would require the department, on or before January 1, 2021, to report to the committees of the California State Senate and Assembly with jurisdiction over health care issues on the outcomes of the program. convene a working group to evaluate ways to provide organ transplants to uninsured or undocumented residents of the state who are ineligible for organ transplants due to financial hardship. The bill would require the working group to submit its findings and recommendations to the Legislature on or before January 1, 2020, as specified. The bill would require the working group to be comprised of representatives from certain entities, including, among others, community-based immigrant rights and health organizations. The bill would require the working group to evaluate relevant data, including, but not limited to, the number of organ donors who are undocumented residents of the state and the percentage of organ transplant recipients who are medically insured. The bill would repeal these provisions on January 1, 2020.

The bill would appropriate $10 million dollars from the General Fund to the department for the purposes of funding the program. By appropriating these moneys from the General Fund, the bill would make an appropriation. The bill would establish the Organ Transplant Equity Fund and transfer the appropriated moneys into the fund.

The bill would make legislative findings and declarations in support of its provisions.
Vote: TWO_THIRDSMAJORITY   Appropriation: YESNO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Increasing general awareness and participation among all Californians in organ and tissue donation is a high priority for public health, but it is also a high priority to ensure equity among who receives donated organs and tissues. While Californians donate their organs and tissues regardless of their financial circumstances, their ability to receive them can be limited by their income and access to health insurance or benefits.
(b) California is home to a large immigrant population that is estimated to include over 2 million undocumented immigrants. Undocumented immigrants who are residents of California have the ability to obtain a California driver’s license and therefore participate in a statewide organ and tissue donation program facilitated by the Department of Motor Vehicles. Since undocumented immigrants have been able to obtain a California driver’s license, the organ and tissue registry has benefited from a dramatic increase in participation of new registered donors. Many undocumented immigrants, however, cannot benefit from receiving a donated organ or tissue transplant because they do not have health insurance or benefits to assist in paying the costs of the necessary medical procedures.
(c) All Californians, including those who cannot afford an organ or tissue transplant, should have an equitable ability to benefit from a statewide organ and tissue registry supported by the state.
SEC. 2.Section 7161 is added to the Health and Safety Code, to read:
7161.

(a)There is in the State Treasury the Organ Transplant Equity Fund for the purpose of accepting moneys to support the program established pursuant to this section. Private donations may be deposited into the Organ Transplant Equity Fund.

(b)The State Department of Public Health shall establish a program to reimburse hospitals for the costs of performing organ and tissue transplants for individuals who do not have health insurance or a government provided health care benefit, including Medi-Cal or Medicare.

(c)(1)On or before January 1, 2021, the State Department of Public Health shall report to the committees of the California State Senate and Assembly with jurisdiction over health care issues on the outcomes of the program established pursuant to this section.

(2)The report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

(a)The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the State Department of Public Health for the purpose of funding the program established in Section 7161 of the Health and Safety Code.

(b)The Controller shall transfer the ten million dollars ($10,000,000) appropriated pursuant to subdivision (a) to the Organ Transplant Equity Fund, established pursuant to Section 7161 of the Health and Safety Code.

SEC. 2.

 Section 7161 is added to the Health and Safety Code, to read:

7161.
 (a) The State Department of Public Health shall convene a working group to evaluate ways to provide organ transplants to uninsured or undocumented residents of the state who are ineligible for organ transplants due to financial hardship.
(b) The working group shall submit its findings and recommendations in a report to the Legislature on or before January 1, 2020. The report shall be submitted in compliance with Section 9795 of the Government Code.
(c) The working group shall include representatives of all of the following entities:
(1) A community-based immigrant rights organization that works directly with uninsured immigrant populations.
(2) A community-based health organization that works directly with disadvantaged communities and patients.
(3) The state-authorized nonprofit organization responsible for managing the organ, eye, and tissue donor registry of the state.
(4) A relevant hospital association.
(5) A relevant medical association.
(d) In carrying out its duties, the working group shall evaluate relevant data, including, but not limited to, the following:
(1) The number of patients waiting for organ transplants.
(2) The number of available organ donors.
(3) The number of organ donors who are undocumented residents of the state.
(4) The number of hospitals performing organ transplants and the type of transplants performed by those hospitals.
(5) The percentage of organ transplant recipients who are medically insured.
(6) The percentage of organ transplant recipients who receive transplants funded by Medi-Cal.
(7) The average length of time patients wait to receive organ transplants.
(8) Factors used to determine eligibility for organ transplants.
(9) Referral rates of patients to organ transplant centers.
(10) The number of patients accepted by organ transplant centers.
(11) The cost of recovering, processing, and distributing donated organs.
(12) The cost of organ transplant procedures.
(13) The financial impact of an organ donation to the organ donor and his or her family.
(14) The survival rates of patients who receive organ transplants.
(15) Hospital compliance with Section 7184.
(e) This Section shall remain in effect only until January 1, 2020, and as of that date is repealed.