| Chapter 066 |
| 2025 -- H 5388 Enacted 06/13/2025 |
| A N A C T |
| RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ADMINISTRATION |
Introduced By: Representative Alex D. Marszalkowski |
| Date Introduced: February 07, 2025 |
| 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 § 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 herthe general |
| treasurer of properly authenticated vouchers from the department of human services. |
| (b) The fund shall consist of all revenues received pursuant to § 44-30-2.1 44-30-2.5 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 non-reimbursed costs associated with organ transplants including hospital and |
| medical care, all drugs prescribed 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 non-reimbursed 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 (6) 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, § 42-35-1 et seq., to implement |
| the operation of the fund. The director of the department of human services or his or herthe |
| director’s 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 upon passage. |
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| LC001262 |
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