§ 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 her 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 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 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 her 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).

History of Section. (P.L. 1986, ch. 285, § 2; P.L. 1989, ch. 424, § 1; P.L. 1990, ch. 374, § 1; P.L. 1995, ch. 370, art. 16, § 1; P.L. 2004, ch. 601, § 1.)