Understanding Donations
Legislation
On August 18, 2006, former Governor George Pataki signed into law six pro-transplantation pieces of legislation. We thank our local delegation, especially former Assembly Majority Leader Paul Tokasz and bill sponsors Assemblymembers Sam Hoyt and Robin Schimminger for bringing assistance and raising awareness in regards to The Gift of Life.
Click here for a summary of the bills.
1968, Uniform Anatomical Gift Act
Authorizes the gift of all or part of a human body at death for transplant, research, education or other therapies. Includes a description of who may donate, how to execute the donation and who may receive the donation.
1972, Public Law 92-603, End Stage Renal Disease Act
Provides complete reimbursement under Medicare for all persons covered by social security, regardless of age, for dialysis, kidney acquisition and kidney transplantation.
1978, End Stage Renal Disease Amendment
States that patients covered by Medicare because of renal failure retain benefits only for three years after transplant, unless transplant fails.
1980, Uniform Determination of Death Act
Recognizes death as either a determination of irreversibly cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem.
1984, Public Law 98-507, National Organ Transplant Act
Establishes a task force on organ transplantation to examine medical, ethical, legal, economic and social issues related to organ transplantation. This act led to the establishment of the United Network for Organ Sharing (UNOS) and Required Request laws. It also made the buying and selling of organs illegal.
1984, Required Request Legislation
Establishes laws which act as professional reminders of the need for organ donation by mandating that families are offered the opportunity to donate in cases concerning brain death.
1985, Consolidated Omnibus Budget Reconciliation Act
Recognizes end-stage liver disease as a national concern, covering liver transplants for individuals under 18, and opening the door for medical insurance companies to cover this procedure, since it would no longer be considered experimental. Also states that Medicare would cover liver transplants when reasonable and medically necessary.
1986, Omnibus Reconciliation Act
Mandates that hospitals eligible for Medicare and Medicaid must establish policies and procedures for organ procurement in order to receive reimbursement. The act sets standards for organ procurement agencies, related to the suggested number of donors for the size of the population serviced. These regulations compelled smaller agencies to merge to become more efficient. The act also begins the coverage of immunosuppressive drugs, taken by transplant recipients to help ward off rejection to a new organ.
1998, Routine Referral Law
Mandates that hospitals in the US notify their federally designated organ procurement organization of all deaths and imminent deaths.