N.Y. Public Health Law § 4363: Waiting lists for organs

§ 4363. Waiting lists for organs. 1. All organs retrieved for

transplantation in New York state shall be allocated according to

waiting lists developed by the organ procurement organization in the

service area in which the organ is procured, provided, however, that

nothing herein shall preclude the exercise of medical judgment in

determining the suitability of a proposed recipient to receive a

particular organ, and provided further, however, that if an organ is

brought into a service area of an organ procurement organization from

the service area of another organ procurement organization, the organ

shall be allocated according to the waiting list developed by the organ

procurement organization in the service area in which the organ is to be

implanted. Nothing in this section shall prohibit:

(a) an individual donor from designating the recipient of an organ;

(b) organ sharing with other organ procurement organizations in

accordance with federal and state standards including standards to meet

the needs of patients who are highly sensitized and for whom it is

difficult to identify a suitable kidney due to conditions such as a

blood transfusion, immunization, prior pregnancy or a previous failed

kidney transplant;

(c) organ sharing with other organ procurement organizations in

accordance with organ sharing agreements approved by the commissioner.

2. In policies and procedures for distributing organs, no organ

procurement organization shall consider or give any preference to

patients in a facility based upon the facility's past or present

procurement performance or its past or present relationship with a donor

hospital.