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5 | 5 | | 2025 -- S 0688 |
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6 | 6 | | ======== |
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7 | 7 | | LC001324 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF |
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16 | 16 | | ADMINISTRATION |
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17 | 17 | | Introduced By: Senator Melissa A. Murray |
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18 | 18 | | Date Introduced: March 07, 2025 |
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19 | 19 | | Referred To: Senate Health & Human Services |
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20 | 20 | | (Dept. of Human Services) |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Section 42-11-13 of the General Laws in Chapter 42-11 entitled "Department 1 |
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24 | 24 | | of Administration" is hereby amended to read as follows: 2 |
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25 | 25 | | 42-11-13. Rhode Island organ transplant fund. 3 |
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26 | 26 | | (a) There is hereby created the Rhode Island organ transplant fund, hereinafter referred to 4 |
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27 | 27 | | as “the fund”. The general treasurer shall invest and reinvest the same in accordance with § 35-10-5 |
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28 | 28 | | 2. The department of human services shall administer the organ transplant program. Disbursement 6 |
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29 | 29 | | of funds from the fund shall be made by the general treasurer upon receipt by him or her of properly 7 |
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30 | 30 | | authenticated vouchers from the department of human services. 8 |
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31 | 31 | | (b) The fund shall consist of all revenues received pursuant to § 44-30-2.1 44-30-2.5 and 9 |
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32 | 32 | | gifts, grants, and donations from public and private sources. All revenues credited to the fund shall 10 |
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33 | 33 | | not be subject to expenditure except for the purposes hereinafter stated. 11 |
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34 | 34 | | (c) The fund shall be used to help defray any expenses of human organ transplants incurred 12 |
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35 | 35 | | by Rhode Island residents and their families. For purposes of the fund, family shall be limited to 13 |
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36 | 36 | | the parents or spouse or guardian or next-of-kin of the recipient of the organ transplant. Expenses 14 |
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37 | 37 | | shall be limited to non-reimbursed costs associated with organ transplants including hospital and 15 |
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38 | 38 | | medical care, all drugs prescribed which relate to organ transplant maintenance (disbursement from 16 |
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39 | 39 | | fund for maintenance drugs shall be limited to fifty percent (50%) of average wholesale price or 17 |
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40 | 40 | | fifty percent (50%) of non-reimbursed costs whichever is less), and out-of-state living expenses of 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001324 - Page 2 of 3 |
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44 | 44 | | the family for a period of not more than sixty (60) days at the time of the organ transplant operation. 1 |
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45 | 45 | | (The disbursement from the fund for out-of-state living expenses shall not exceed the per diem rate 2 |
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46 | 46 | | allowed state employees for accommodations and sustenance.) Disbursement from the fund shall 3 |
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47 | 47 | | not be made until the principal of the fund equals fifteen thousand dollars ($15,000). The general 4 |
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48 | 48 | | treasurer shall publicly announce when the principal of the fund equals fifteen thousand dollars 5 |
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49 | 49 | | ($15,000). Application for the disbursement from the fund shall not be made or accepted until the 6 |
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50 | 50 | | principal of the fund equals fifteen thousand dollars ($15,000). In addition to the foregoing 7 |
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51 | 51 | | allowable disbursements, disbursement for organ transplant recipients may be made from the organ 8 |
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52 | 52 | | transplant fund to meet the recipient’s spend-down requirement for the Rhode Island medical 9 |
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53 | 53 | | assistance program (Medicaid), provided that the recipient’s income does not exceed twelve 10 |
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54 | 54 | | thousand dollars ($12,000) per year, and the funds are repaid by the recipient and deposited in the 11 |
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55 | 55 | | organ transplant fund are repaid by the recipient and deposited in the organ transplant fund over 12 |
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56 | 56 | | the six (6) month Medicaid spend-down period in six (6) equal monthly payments. 13 |
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57 | 57 | | (d) Disbursements from the fund and the fund itself are not entitlement programs. The fund 14 |
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58 | 58 | | shall not incur a deficit. 15 |
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59 | 59 | | (e) The director of the department of human services shall promulgate rules and 16 |
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60 | 60 | | regulations, in accordance with the Administrative Procedures Act, § 42-35-1 et seq., to implement 17 |
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61 | 61 | | the operation of the fund. The director of the department of human services or his or her designee 18 |
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62 | 62 | | shall confer with the general treasurer prior to promulgating rules and regulations. 19 |
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63 | 63 | | (f) This fund shall operate prospectively provided, however, a Rhode Island resident on 20 |
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64 | 64 | | maintenance drugs as set forth in subsection (c) of this section may apply for disbursement after 21 |
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65 | 65 | | the principal of the fund equals fifteen thousand dollars ($15,000). 22 |
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66 | 66 | | SECTION 2. This act shall take effect upon passage. 23 |
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67 | 67 | | ======== |
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68 | 68 | | LC001324 |
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70 | 70 | | |
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71 | 71 | | |
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72 | 72 | | LC001324 - Page 3 of 3 |
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73 | 73 | | EXPLANATION |
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74 | 74 | | BY THE LEGISLATIVE COUNCIL |
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75 | 75 | | OF |
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76 | 76 | | A N A C T |
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77 | 77 | | RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF |
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78 | 78 | | ADMINISTRATION |
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79 | 79 | | *** |
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80 | 80 | | This act would make a technical amendment to correctly reference a section of general law 1 |
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81 | 81 | | that allows for a tax refund deduction for contributions to the Rhode Island organ transplant fund. 2 |
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82 | 82 | | This act would take effect upon passage. 3 |
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83 | 83 | | ======== |
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84 | 84 | | LC001324 |
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