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 tohospitals 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. Thetransplant 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 hospitalshall submit an application on behalf of a patient 2 23 requiringthat performs transplants, verifying that the person 2 24 by or for whom the application is submitted requires a 2 25 transplantinor 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