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S4020
SENATE, No. 4020
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Senator� JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
���� Establishes �New Jersey Living Donor Support Program�
in DOH; makes appropriation.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning anatomical gifts, supplementing Title 26 of
the Revised Statutes, and making an appropriation.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in this
section:
���� �Anatomical gift� means the
same as that term is defined in section 2 of P.L.2008, c.50 (C.26:6-78).
���� �Commissioner� means the
Commissioner of Health.
���� �Department� means the
Department of Health.
���� �Eligible expenses� means
expenses that are incurred by a living donor during the process of donating an
anatomical gift and qualify for reimbursement under the New Jersey Living Donor
Support Program pursuant to subsection c. of this section.
���� �Living donation� means the
donation of an anatomical gift by a living donor for the purpose of
transplantation into another individual.
���� �Living donor� means an
individual who is authorized to donate an anatomical gift of the donor�s body
or part during the life of the donor pursuant to section 4 of P.L.2008, c.50
(C.26:6-80).
���� �Paired donation� means a
living donation in which the living donor�s anatomical gift is incompatible
with the intended ultimate recipient and is transplanted into another
recipient, which facilitates a living donation made by another living donor to
the intended ultimate recipient.
���� �Program� means the �New
Jersey Living Donor Support Program� established pursuant to this act.
����������� b.�������� There
is established in the Department of Health the �New Jersey Living Donor Support
Program� for the purpose of providing financial assistance to cover eligible
expenses incurred by a living donor in the process of making a living
donation.�
����������� c.�������� The
commissioner shall determine which expenses incurred in the process of making a
live donation shall be eligible for reimbursement under the program, including,
but not limited to:
����������� (1)������� lost
wages, including demonstrated lost non-employment income;
���� (2)� the economic value
of sick or vacation days expended;
���� (3)� travel and lodging
costs;
���� (4) �child care and
elder care expenses; and
���� (5) �costs of medication
and care.
The total period of time
related to lost wages or expended sick or vacation days that is eligible for
reimbursement under the program shall not exceed four weeks, or eight weeks if
special circumstances are demonstrated such as the nature of physical labor
required for the living donor�s employment.
���� d.��� Subject to the
availability of funds, the program shall pay for the eligible expenses of a
living donor who is a resident of this State and makes a living donation, in
which the ultimate recipient, whether the intended ultimate recipient or
matched with the living donor via a paired donation, is a resident of the
State.� Eligible expenses shall be reimbursed as soon as practicable after they
have been incurred, including by pre-payment when appropriate.
���� e.� The commissioner
may:
���� (1)� impose a limitation
on the amount of reimbursement made for lost wages for a living donor making an
annual income in excess of $125,000, or for eligible expenses in excess of
$14,000 for any single living donor; and
���� (2)� include additional
expenses to be eligible for reimbursement under the program, including, but to
limited to, costs of care performed by relatives or family members of the
living donor.
���� f.���� If a living
donor�s eligible expenses are covered in whole or in part by any other third-party
payer including, but not limited to, the living donor�s employer or the federal
National Living Donor Assistance Program, the third-party payer shall be the
primary payer and the New Jersey Living Donor Support Program shall be the
payer of last resort.
���� g.��� The department may
contract with a third-party entity for the administration of the program.�
Factors such as the cost of the program to the State and the usability of the
program by living donors and health care providers, such as transplant center
hospitals, shall be taken into consideration when awarding such a contract.
���� h.��� Nothing in this
act shall be construed to conflict with the federal �National Organ Transplant
Act,� Pub. L. 98�507.
���� 2.��� The Commissioner of
Health shall adopt rules and regulations, in accordance with the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as
necessary to effectuate the provisions of this act.
���� 3.��� There is appropriated
from the General Fund to the Department of Health such sums as shall be
necessary to implement the provisions of this act.
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the �New
Jersey Living Donor Support Program� (program) in the Department of Health
(department).� The purpose of this program is to provide financial assistance
to cover eligible expenses incurred by a living donor in the process of making
a living donation of an anatomical gift for the purpose of transplantation into
another individual.
���� The Commissioner of
Health will determine which expenses incurred in the process of making a live
donation will be eligible for reimbursement under the program, including, but
not limited to:� lost wages, including demonstrated lost non-employment income;
the economic value of sick or vacation days expended; travel and lodging costs;
child care and elder care expenses; and costs of medication and care.
���� Subject to the availability of
funds, the program will pay for the eligible expenses of a living donor who is
a resident of this State and makes a living donation, in which the ultimate
recipient is a resident of the State.� Eligible expenses will be reimbursed as
soon as practicable after they have been incurred, including by pre-payment
when appropriate.
���� The commissioner may
impose a limitation on the amount of reimbursement made for lost wages for a
living donor making an annual income in excess of $125,000, or for eligible
expenses in excess of $14,000 for any single living donor.� The commissioner
may include additional expenses to be eligible for reimbursement under the
program.
���� If a living donor�s eligible
expenses are covered in whole or in part by any other third-party payer, the third-party
payer will be the primary payer and the New Jersey Living Donor Support Program
will be the payer of last resort.
���� The department may contract
with a third-party for the administration of the program.� Factors such as the
cost of the program to the State and the usability of the program by living
donors and health care providers will be taken into consideration when awarding
such a contract.
���� This bill appropriates from
the General Fund to the department such sums as will be necessary to implement
the provisions of this bill.