Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0688 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
1616 ADMINISTRATION
1717 Introduced By: Senator Melissa A. Murray
1818 Date Introduced: March 07, 2025
1919 Referred To: Senate Health & Human Services
2020 (Dept. of Human Services)
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2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 42-11-13 of the General Laws in Chapter 42-11 entitled "Department 1
2424 of Administration" is hereby amended to read as follows: 2
2525 42-11-13. Rhode Island organ transplant fund. 3
2626 (a) There is hereby created the Rhode Island organ transplant fund, hereinafter referred to 4
2727 as “the fund”. The general treasurer shall invest and reinvest the same in accordance with § 35-10-5
2828 2. The department of human services shall administer the organ transplant program. Disbursement 6
2929 of funds from the fund shall be made by the general treasurer upon receipt by him or her of properly 7
3030 authenticated vouchers from the department of human services. 8
3131 (b) The fund shall consist of all revenues received pursuant to § 44-30-2.1 44-30-2.5 and 9
3232 gifts, grants, and donations from public and private sources. All revenues credited to the fund shall 10
3333 not be subject to expenditure except for the purposes hereinafter stated. 11
3434 (c) The fund shall be used to help defray any expenses of human organ transplants incurred 12
3535 by Rhode Island residents and their families. For purposes of the fund, family shall be limited to 13
3636 the parents or spouse or guardian or next-of-kin of the recipient of the organ transplant. Expenses 14
3737 shall be limited to non-reimbursed costs associated with organ transplants including hospital and 15
3838 medical care, all drugs prescribed which relate to organ transplant maintenance (disbursement from 16
3939 fund for maintenance drugs shall be limited to fifty percent (50%) of average wholesale price or 17
4040 fifty percent (50%) of non-reimbursed costs whichever is less), and out-of-state living expenses of 18
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4444 the family for a period of not more than sixty (60) days at the time of the organ transplant operation. 1
4545 (The disbursement from the fund for out-of-state living expenses shall not exceed the per diem rate 2
4646 allowed state employees for accommodations and sustenance.) Disbursement from the fund shall 3
4747 not be made until the principal of the fund equals fifteen thousand dollars ($15,000). The general 4
4848 treasurer shall publicly announce when the principal of the fund equals fifteen thousand dollars 5
4949 ($15,000). Application for the disbursement from the fund shall not be made or accepted until the 6
5050 principal of the fund equals fifteen thousand dollars ($15,000). In addition to the foregoing 7
5151 allowable disbursements, disbursement for organ transplant recipients may be made from the organ 8
5252 transplant fund to meet the recipient’s spend-down requirement for the Rhode Island medical 9
5353 assistance program (Medicaid), provided that the recipient’s income does not exceed twelve 10
5454 thousand dollars ($12,000) per year, and the funds are repaid by the recipient and deposited in the 11
5555 organ transplant fund are repaid by the recipient and deposited in the organ transplant fund over 12
5656 the six (6) month Medicaid spend-down period in six (6) equal monthly payments. 13
5757 (d) Disbursements from the fund and the fund itself are not entitlement programs. The fund 14
5858 shall not incur a deficit. 15
5959 (e) The director of the department of human services shall promulgate rules and 16
6060 regulations, in accordance with the Administrative Procedures Act, § 42-35-1 et seq., to implement 17
6161 the operation of the fund. The director of the department of human services or his or her designee 18
6262 shall confer with the general treasurer prior to promulgating rules and regulations. 19
6363 (f) This fund shall operate prospectively provided, however, a Rhode Island resident on 20
6464 maintenance drugs as set forth in subsection (c) of this section may apply for disbursement after 21
6565 the principal of the fund equals fifteen thousand dollars ($15,000). 22
6666 SECTION 2. This act shall take effect upon passage. 23
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7373 EXPLANATION
7474 BY THE LEGISLATIVE COUNCIL
7575 OF
7676 A N A C T
7777 RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
7878 ADMINISTRATION
7979 ***
8080 This act would make a technical amendment to correctly reference a section of general law 1
8181 that allows for a tax refund deduction for contributions to the Rhode Island organ transplant fund. 2
8282 This act would take effect upon passage. 3
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