Chapter 068
2025 -- S 0688
Enacted 06/13/2025

A N   A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF ADMINISTRATION

Introduced By: Senator Melissa A. Murray

Date Introduced: March 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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LC001324
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