§ 42-11-13 Rhode Island organ transplantfund. – (a) There is hereby created the Rhode Island organ transplant fund, hereinafterreferred to as "the fund". The general treasurer shall invest and reinvest thesame in accordance with § 35-10-2. The department of human services shalladminister the organ transplant program. Disbursement of funds from the fundshall be made by the general treasurer upon receipt by him or her of properlyauthenticated vouchers from the department of human services.
(b) The fund shall consist of all revenues received pursuantto § 44-30-2.1 and gifts, grants, and donations from public and privatesources. All revenues credited to the fund shall not be subject to expenditureexcept for the purposes hereinafter stated.
(c) The fund shall be used to help defray any expenses ofhuman organ transplants incurred by Rhode Island residents and their families.For purposes of the fund, family shall be limited to the parents or spouse orguardian or next-of-kin of the recipient of the organ transplant. Expensesshall be limited to non-reimbursed costs associated with organ transplantsincluding hospital and medical care, all drugs prescribed which relate to organtransplant maintenance (disbursement from fund for maintenance drugs shall belimited to fifty percent (50%) of average wholesale price or fifty percent(50%) of non-reimbursed costs whichever is less), and out-of-state livingexpenses of the family for a period of not more than sixty (60) days at thetime of the organ transplant operation. (The disbursement from the fund forout-of-state living expenses shall not exceed the per diem rate allowed stateemployees for accommodations and sustenance.) Disbursement from the fund shallnot be made until the principal of the fund equals fifteen thousand dollars($15,000). The general treasurer shall publicly announce when the principal ofthe fund equals fifteen thousand dollars ($15,000). Application for thedisbursement from the fund shall not be made or accepted until the principal ofthe fund equals fifteen thousand dollars ($15,000). In addition to theforegoing allowable disbursements, disbursement for organ transplant recipientsmay be made from the organ transplant fund to meet the recipient's spend-downrequirement 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 inthe organ transplant fund are repaid by the recipient and deposited in theorgan transplant fund over the six (6) month Medicaid spend-down period in six(6) equal monthly payments.
(d) Disbursements from the fund and the fund itself are notentitlement programs. The fund shall not incur a deficit.
(e) The director of the department of human services shallpromulgate rules and regulations, in accordance with the AdministrativeProcedures Act, § 42-35-1 et seq., to implement the operation of the fund.The director of the department of human services or his or her designee shallconfer 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) ofthis section may apply for disbursement after the principal of the fund equalsfifteen thousand dollars ($15,000).
§ 42-11-13 Rhode Island organ transplantfund. – (a) There is hereby created the Rhode Island organ transplant fund, hereinafterreferred to as "the fund". The general treasurer shall invest and reinvest thesame in accordance with § 35-10-2. The department of human services shalladminister the organ transplant program. Disbursement of funds from the fundshall be made by the general treasurer upon receipt by him or her of properlyauthenticated vouchers from the department of human services.
(b) The fund shall consist of all revenues received pursuantto § 44-30-2.1 and gifts, grants, and donations from public and privatesources. All revenues credited to the fund shall not be subject to expenditureexcept for the purposes hereinafter stated.
(c) The fund shall be used to help defray any expenses ofhuman organ transplants incurred by Rhode Island residents and their families.For purposes of the fund, family shall be limited to the parents or spouse orguardian or next-of-kin of the recipient of the organ transplant. Expensesshall be limited to non-reimbursed costs associated with organ transplantsincluding hospital and medical care, all drugs prescribed which relate to organtransplant maintenance (disbursement from fund for maintenance drugs shall belimited to fifty percent (50%) of average wholesale price or fifty percent(50%) of non-reimbursed costs whichever is less), and out-of-state livingexpenses of the family for a period of not more than sixty (60) days at thetime of the organ transplant operation. (The disbursement from the fund forout-of-state living expenses shall not exceed the per diem rate allowed stateemployees for accommodations and sustenance.) Disbursement from the fund shallnot be made until the principal of the fund equals fifteen thousand dollars($15,000). The general treasurer shall publicly announce when the principal ofthe fund equals fifteen thousand dollars ($15,000). Application for thedisbursement from the fund shall not be made or accepted until the principal ofthe fund equals fifteen thousand dollars ($15,000). In addition to theforegoing allowable disbursements, disbursement for organ transplant recipientsmay be made from the organ transplant fund to meet the recipient's spend-downrequirement 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 inthe organ transplant fund are repaid by the recipient and deposited in theorgan transplant fund over the six (6) month Medicaid spend-down period in six(6) equal monthly payments.
(d) Disbursements from the fund and the fund itself are notentitlement programs. The fund shall not incur a deficit.
(e) The director of the department of human services shallpromulgate rules and regulations, in accordance with the AdministrativeProcedures Act, § 42-35-1 et seq., to implement the operation of the fund.The director of the department of human services or his or her designee shallconfer 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) ofthis section may apply for disbursement after the principal of the fund equalsfifteen thousand dollars ($15,000).
§ 42-11-13 Rhode Island organ transplantfund. – (a) There is hereby created the Rhode Island organ transplant fund, hereinafterreferred to as "the fund". The general treasurer shall invest and reinvest thesame in accordance with § 35-10-2. The department of human services shalladminister the organ transplant program. Disbursement of funds from the fundshall be made by the general treasurer upon receipt by him or her of properlyauthenticated vouchers from the department of human services.
(b) The fund shall consist of all revenues received pursuantto § 44-30-2.1 and gifts, grants, and donations from public and privatesources. All revenues credited to the fund shall not be subject to expenditureexcept for the purposes hereinafter stated.
(c) The fund shall be used to help defray any expenses ofhuman organ transplants incurred by Rhode Island residents and their families.For purposes of the fund, family shall be limited to the parents or spouse orguardian or next-of-kin of the recipient of the organ transplant. Expensesshall be limited to non-reimbursed costs associated with organ transplantsincluding hospital and medical care, all drugs prescribed which relate to organtransplant maintenance (disbursement from fund for maintenance drugs shall belimited to fifty percent (50%) of average wholesale price or fifty percent(50%) of non-reimbursed costs whichever is less), and out-of-state livingexpenses of the family for a period of not more than sixty (60) days at thetime of the organ transplant operation. (The disbursement from the fund forout-of-state living expenses shall not exceed the per diem rate allowed stateemployees for accommodations and sustenance.) Disbursement from the fund shallnot be made until the principal of the fund equals fifteen thousand dollars($15,000). The general treasurer shall publicly announce when the principal ofthe fund equals fifteen thousand dollars ($15,000). Application for thedisbursement from the fund shall not be made or accepted until the principal ofthe fund equals fifteen thousand dollars ($15,000). In addition to theforegoing allowable disbursements, disbursement for organ transplant recipientsmay be made from the organ transplant fund to meet the recipient's spend-downrequirement 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 inthe organ transplant fund are repaid by the recipient and deposited in theorgan transplant fund over the six (6) month Medicaid spend-down period in six(6) equal monthly payments.
(d) Disbursements from the fund and the fund itself are notentitlement programs. The fund shall not incur a deficit.
(e) The director of the department of human services shallpromulgate rules and regulations, in accordance with the AdministrativeProcedures Act, § 42-35-1 et seq., to implement the operation of the fund.The director of the department of human services or his or her designee shallconfer 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) ofthis section may apply for disbursement after the principal of the fund equalsfifteen thousand dollars ($15,000).
