Senate File 222
SENATE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO SF 123)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to anatomical gifts including bone marrow and
2 organ donation by state employees and grants from the
3 anatomical gift public awareness and transplantation fund.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1829SV 80
6 pf/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 70A.39 BONE MARROW AND ORGAN
1 2 DONATION INCENTIVE PROGRAM.
1 3 1. For the purposes of this section:
1 4 a. "Bone marrow" means the soft tissue that fills human
1 5 bone cavities.
1 6 b. "Vascularized organ" means a heart, lung, liver,
1 7 pancreas, kidney, intestine, or other organ that requires the
1 8 continuous circulation of blood to remain useful for purposes
1 9 of transplantation.
1 10 2. Beginning July 1, 2003, state employees, excluding
1 11 employees covered under a collective bargaining agreement
1 12 which provides otherwise, shall be granted leaves of absence
1 13 in accordance with the following:
1 14 a. A leave of absence of up to five workdays for an
1 15 employee who requests a leave of absence to serve as a bone
1 16 marrow donor if the employee provides written verification
1 17 from the employee's physician or the hospital involved with
1 18 the bone marrow donation that the employee will serve as a
1 19 bone marrow donor.
1 20 b. A leave of absence of up to thirty workdays for an
1 21 employee who requests a leave of absence to serve as a
1 22 vascular organ donor if the employee provides written
1 23 verification from the employee's physician or the hospital
1 24 involved with the vascular organ donation that the employee
1 25 will serve as a vascular organ donor.
1 26 3. An employee who is granted a leave of absence under
1 27 this section shall receive leave without loss of seniority,
1 28 pay, vacation time, personal days, sick leave, insurance and
1 29 health coverage benefits, or earned overtime accumulation.
1 30 The employee shall be compensated at the employee's regular
1 31 rate of pay for those regular work hours during which the
1 32 employee is absent from work.
1 33 4. An employee deemed to be on leave under this section
1 34 shall not be deemed to be an employee of the state for
1 35 purposes of workers' compensation or for purposes of the Iowa
2 1 tort claims Act.
2 2 Sec. 2. Section 142C.15, subsection 4, paragraph c, Code
2 3 2003, is amended to read as follows:
2 4 c. Not more than fifty percent of the moneys in the fund
2 5 annually may be expended in the form of grants to hospitals
2 6 which perform heart, lung, liver, pancreas, or kidney
2 7 transplants. As a condition of receiving a grant, a hospital
2 8 shall demonstrate, through documentation, that the hospital,
2 9 during the previous calendar year, properly complied with in=
2 10 hospital anatomical gift request protocols for all deaths
2 11 occurring in the hospital at a percentage rate which places
2 12 the hospital in the upper fifty percent of all protocol
2 13 compliance rates for hospitals submitting documentation for
2 14 cost reimbursement under this section. The transplant
2 15 recipients, transplant candidates, living organ donors, or to
2 16 legal representatives on behalf of transplant recipients,
2 17 transplant candidates, or living organ donors. Transplant
2 18 recipients, transplant candidates, living organ donors, or the
2 19 legal representatives of transplant recipients, transplant
2 20 candidates, or living organ donors shall submit grant
2 21 applications with supporting documentation provided by a
2 22 hospital shall submit an application on behalf of a patient
2 23 requiring that performs transplants, verifying that the person
2 24 by or for whom the application is submitted requires a
2 25 transplant in or is a living organ donor and specifying the
2 26 amount of the costs associated with the following, if funds
2 27 are not available from any other third=party payor:
2 28 (1) The costs of the organ transplantation procedure.
2 29 (2) The costs of post=transplantation drug or other
2 30 therapy.
2 31 (3) Other transplantation costs including but not limited
2 32 to food, lodging, and transportation.
2 33 EXPLANATION
2 34 This bill establishes a bone marrow and vascular organ
2 35 donation incentive program for state employees. The bill
3 1 provides that beginning July 1, 2003, state employees,
3 2 excluding employees covered under a collective bargaining
3 3 agreement which provides otherwise, are to be granted leaves
3 4 of absence of up to five workdays for an employee who requests
3 5 a leave of absence to serve as a bone marrow donor if the
3 6 employee provides written physician or hospital verification
3 7 that the employee will serve as a bone marrow donor and a
3 8 leave of absence of up to 30 workdays for an employee who
3 9 requests a leave of absence to serve as a vascular organ donor
3 10 if the employee provides written physician or hospital
3 11 verification that the employee will serve as a vascular organ
3 12 donor.
3 13 An employee granted a leave of absence under the bill is to
3 14 receive the leave without loss of seniority, pay, vacation
3 15 time, personal days, sick leave, insurance and health coverage
3 16 benefits, or earned overtime accumulation. The employee is
3 17 also to be compensated at the employee's regular rate of pay
3 18 for those regular work hours during which the employee is
3 19 absent from work. Under the bill, an employee on leave is not
3 20 deemed an employee of the state for purposes of workers'
3 21 compensation or for purposes of the Iowa tort claims Act.
3 22 The bill also changes the allowable expenditures from the
3 23 anatomical gift public awareness and transplantation fund to
3 24 provide that instead of expending not more than 50 percent of
3 25 the moneys in the fund annually in the form of grants to
3 26 hospitals which perform heart, lung, liver, pancreas, or
3 27 kidney transplants, this amount would be awarded to transplant
3 28 recipients, transplant candidates, living organ donors, or the
3 29 legal representatives of transplant recipients, transplant
3 30 candidates, and living organ donors. The bill requires that
3 31 the transplant recipient, transplant candidate, living organ
3 32 donor, or legal representative submit a grant application with
3 33 supporting documentation provided by a hospital that performs
3 34 transplants, verifying that the person who or for whom the
3 35 application is submitted requires a transplant or is a living
4 1 organ donor and specifying the amount of the costs associated
4 2 with the transplantation.
4 3 LSB 1829SV 80
4 4 pf/sh/8