The New York State-Living Donor Support Program is funded by the New York State government. This program was established through legislation and signed into law by Governor Kathy Hochul aimed to support living organ donors by providing direct reimbursements for medical and associated expenses, including lost wages and childcare costs.

A. Living Donor Support Program funds are all subject to budgetary appropriations and may be subject to be delayed until the next budget year.

The donor and ultimate intended recipient must be New York State Residents.

The eligibility criteria were developed through New York State legislation and regulations.

Yes, as long as both the donor and the recipient are both New York State residents the living donor qualifies for the program. Out of state surgeries does not disqualify them from the program.

Living donors can apply for reimbursement of travel expenses, lost wages, child/dependent adult/elder care expenses and costs of medications and medical care associated with the living donation process.

The maximum total amount for reimbursement is $14,000 (fourteen thousand dollars) for any single living donor

A. Two donors at a time with a maximum of 5 donors evaluated.

Expenses covered by the New York State-Living Donor Support Program cannot be claimed as donor out-of-pocket expenses and cannot be used as a deduction or credit on income tax returns.

A transplant center professional (usually a living donor advocate, social worker, nurse coordinator or financial coordinator) will submit the application on behalf of the prospective living donor. The New York State-Living Donor Support Program cannot accept applications directly from patients.

The living donor, the transplant center, and the recipient should:

1. The transplant center will screen and determine eligibility criteria.
2. The living donor and recipient will complete the New York State-Living Donor Support application, sign attestations and attach proof of residency.
3. The application is returned to the transplant center staff for completion and review.
4. The transplant center completes a third-party payer review form.
5. The transplant center submits the application and all required forms to the New York State-Living Donor Support Program via secure file transfer in SendVault.

Ask your transplant center for access to the New York State-Living Donor Support Program application. You can also find them on the New York State Department of Health Living Donation website at Living Donation.

Applications for consideration need to be submitted prior to the donor's surgery taking place.

Staff of the New York State Department of Health Living Donor Support Program review each application, approving or denying them based on the eligibility criteria. The decision is not subject to appeal.

It is illegal to buy and sell organs in the United States. The New York State-Living Donor Support Program requires the living donor and transplant candidate (recipient) sign a statement (attestation form) that includes affirming they have been informed of what constitutes "valuable consideration" and that they are in full compliance with NOTA. Section 301 of the National Organ Transplant Act of 1984 ("NOTA" or "Act"), entitled, "Prohibition of organ purchases," imposes criminal penalties of up to $50,000 and five years in prison on any person who "knowingly acquire(s), receive(s), or otherwise transfer(s) any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce." 42 U.S.C. § 274d (2000). The attestation forms also authorize the transplant center to provide information about the donor and recipient to the New York State-Living Donor Support Program.

Yes, if the ultimate recipient is a New York State resident you will be eligible for the program.

An anonymous, non-directed donor is someone who donates an organ without choosing who receives the organ. The legislation for inclusion and eligibility in the program is based on both the donor and recipient being a New York State resident. If the anonymous or the non-directed donor does not know the recipient, they are not eligible for the program.

No. The New York State-Living Donor Support Program includes individuals considering becoming a living donor of a kidney, liver, or other medically approved lifesaving organ as defined in public health law section 4360.

Program eligibility determination once the application submitted is 10-15 business days. If the recipient needs an emergent liver transplant and is unable to wait the 10-15 business days emergent approval can be granted.

Eligible living donors who made their organ donation only during the period of April 1, 2023, and January 1, 2026 (Legacy Group) may apply with supporting documentation within three months of program launch for program consideration.

Participants who do not ultimately make a living donation through no decision or judgment of their own, after incurring eligible expenses during the evaluation process, will be reimbursed for these expenses.

All participants will have a profile created in the New York State Financial System (SFS). For each reimbursement requested (eligible expenses can be submitted together during each phase of care) a claims form and supporting documentation and/or receipts of the expense(s) will be sent to the Living Donor Support Program for submission through SendVault.

Yes, support person(s) will be provided a flat rate of $100 per day (up to 20 days total) to accompany the living donor during the living donation process.

All eligible travel, lodging and meal expenses will be paid, with verified receipts, up to the outlined General Services Administration (GSA) rates or the maximum value of the receipts. Total reimbursement for all eligible expenses is limited to $14,000 (fourteen thousand dollars).

Donors submit pay stub from the previous 4 weeks with their lost wages application. Other factors affecting reimbursement needs, like availability of short-term disability, will be considered.

Wages will be calculated on an hourly basis consistent with a paid time off model.

Donors who are self-employed or independent contractors can submit their most recent:

• Federal income tax return with Schedule C or Schedule K-1
• IRS form 1099
• Earnings statement or tax summary from a company they do contract work for (like Uber or Lyft)
• Profit and loss statement generated by accounting software

No, the New York State-Living Donor Support Program will only reimburse wages a donor would have earned if they did not donate an organ.

No, the New York State-Living Donor Support Program can only reimburse documented wages that are reported to the IRS.

The New York State-Living Donor Support Program will reimburse the economic value of sick, or vacation days expended. A donor is not required to utilize their paid time off before requesting wage reimbursement from the program but will need to check with their employer to ensure the employer allows unpaid leave of absence before utilizing their paid time off. If the donor's short-term disability benefits do not cover all of their normal wages lost the New York State-Living Donor Support Program will reimburse the remaining, unreimbursed portion of their wages.

A Substitute W-9 form will be provided for all program participants when the create a Statewide Financial System (SFS) account. The lost wage reimbursement is income and may be subject to federal and/or state income tax reporting. It is the donor's responsibility to contact a qualified tax advisor to determine tax liability. The New York State-Living Donor Support Program is not responsible for any tax consequences related to wage reimbursement.

The New York State-Living Donor Support Program will reimburse child, child with a disability, dependent adult, and elder care expenses incurred because of the living donation process.

Child care costs are determined in accordance with the regional informal childcare standard rate and child with a disability, dependent adult, and elder care costs are determined in accordance with Living Donor Support Program standard rates.

The New York State-Living Donor Support Program can help cover the costs of alternate care for their dependent while they are unable to provide the care they usually provide themselves. Reimbursement will be provided if the need for dependent care is not previously in place or is greater than what is in place.

It is the donor's responsibility to contact a qualified tax advisor to determine tax liability related to dependent care expenses reimbursement. The New York State-Living Donor Support Program is not responsible for any tax consequence related to dependent care reimbursement.

A. No. Meals will be reimbursed only when it accompanies overnight travel. The amount received on the first and last day of travel equals 75% of the meals and incidental expenses (M&IE) total.

Ie: Donor travels 7 days, day one of travel is paid at 75% of M&IE rate, days 2-6 are paid at 100% of M&IE rate, day 7 of travel is paid at 75% of M&IE rate.