Potential Donors

Eligibility Guidelines:

Section 3 of the Organ Donation and Recovery Improvement Act (ODRIA), 42 U.S.C. 274f, establishes the authority and legislative parameters to provide reimbursement for travel and subsistence expenses incurred towards living organ donation.  HRSA awarded a cooperative agreement to the Regents of the University of Michigan (Michigan), which partnered with the American Society of Transplant Surgeons (ASTS), to establish the National Living Donor Assistance Center (NLDAC) to operate this Program.

As provided for in the statutory authorization, this Program is intended to provide reimbursement only in those circumstances when payment cannot reasonably be covered by other sources of reimbursement.  The NLDAC, under Federal law, cannot provide reimbursement to any living organ donor for travel and other qualifying expenses if the donor can receive reimbursement for these expenses from any of the following sources:

(1) any State compensation program, an insurance policy, or any Federal or State health benefits program;
(2) an entity that provides health services on a prepaid basis; or
(3) the recipient of the organ.

In response to public solicitation of comments, a threshold of income eligibility for the recipient of the organ is 300 percent of the Department of Health and Human Services (HHS) Poverty Guidelines in effect at the time of the eligibility determination. The Program assumes that recipients whose income exceeds this level will have the ability to reimburse the living organ donor for the travel and subsistence expenses and any other qualifying expenses that can be authorized by the Secretary of HHS.  The Program provides an exception to this rule for financial hardships.  A transplant social worker, or appropriate transplant center representative, based on a complete recipient evaluation, can provide an official statement, notwithstanding the recipient’s income level, that the recipient of the organ would face significant financial hardship if required to pay for the qualifying living organ donor expenses.  A recipient’s financial hardship is defined as circumstances in which the recipient’s income exceeds 300 percent of the HHS Poverty Guidelines in effect at the time of the eligibility determination, but the individual will have difficulty paying the donor’s expenses due to other significant expenses.  Whether or not hardship exists in a particular case requires a fact-specific analysis; examples of significant expenses include circumstances such as paying for medical expenses not covered by insurance or providing significant financial support for a family member not living in the household (e.g., elderly parent).  Waiver requests by the transplant center, on behalf of the donor, shall be made in writing and shall clearly describe the circumstances for the waiver request.  The NLDAC will review waiver requests and make a recommendation to HRSA to either approve or deny the request.  HRSA will make the final determination and communicate its final determination to the NLDAC.  The NDLAC will notify the transplant center of the final determination.   HRSA’s determination will not be subject to appeal.

All persons who wish to become living organ donors are eligible to receive reimbursement for their travel and qualified expenses if they cannot receive reimbursement from the sources outlined above and if all the requirements outlined in the Criteria for Donor Reimbursement Section are satisfied.  However, because of the limited funds available, prospective living donors who are most likely not able to cover these expenses will receive priority.

The ability to cover these expenses is determined based on an evaluation of (1) the donor and recipient’s income, in relation to the HHS Poverty Guidelines (described in Table 1.1 below), and (2) financial hardship. As a general matter, income refers to the donor or recipient’s total household income.  A donor may be able to demonstrate financial hardship, even if the donor’s income exceeds 300 percent of the HHS Poverty Guidelines, if the donor will have difficulty paying the qualifying expenses due to other significant expenses.  Although all requests will be reviewed on a case-by-case basis, examples of significant expenses include circumstances such as providing significant financial support for a family member not living in the household (e.g., elderly parent), loss of income due to donation process.  Waiver requests by the transplant center, on behalf of the donor, shall be made in writing and shall clearly describe the circumstances for the waiver request.  The NLDAC will review waiver requests and make a recommendation to HRSA to either approve or deny the request.  HRSA will make the final determination and communicate its final determination to the NLDAC.  The NDLAC will notify the transplant center of the final determination.   HRSA’s determination will not be subject to appeal.

Donors will be given preference in the following order of priority:

Preference Category 1: The donor’s income and the recipient’s income are each 300 percent or less of HHS Poverty Guidelines in effect at the time of the eligibility determination in their respective states of primary residence.
Preference Category 2: Although the donor’s income exceeds 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination, the donor demonstrates financial hardship.  The recipient’s income is at or below 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination.
Preference Category 3: Any living organ donor, regardless of income or financial hardship, if the recipient’s income is at or below 300 percent of the HHS Poverty Guidelines in effect in the recipient’s State of primary residence at the time of the eligibility determination.
Preference Category 4: Any living organ donor, regardless of income or financial hardship, if the recipient (with income above 300 percent of the HHS Poverty Guidelines in effect in the State of primary residence at the time of the eligibility determination) demonstrates financial hardship.

View 300% of the HHS Poverty Guidelines with the NLDAC Eligibility Screening Tool to help determine program eligibility.

HRSA reserves the right to prioritize those most in financial need (based on income or other specified factors) if it receives large numbers of applications concerning donors meeting preference category 1.

The following figures are the 2014 HHS poverty guidelines which are scheduled to be published in the Federal Register on January 22, 2014.
http://aspe.hhs.gov/poverty/14poverty.cfm

Persons in family/household

48 Contiguous
States and D.C.

Alaska

Hawaii

1

$11,670

$14,580

$13,420

2

15,730

19,660

18,090

3

19,790

24,470

22,760

4

23,850

29,820

27,430

5

27,910

34,900

32,100

6

31,970

39,980

36,770

7

36,030

45,060

41,440

8

40,090

50,140

46,110

For families/ households with more than 8 persons add,

$4,060
for each additional person

$5,080 for each additional person

$4,670 for each additional person


300% HHS Federal Poverty Guidelines
NLDAC Eligibility

Persons in family/household

48 Contiguous States and D.C.

Alaska

Hawaii

1

$35,010

$43,740

$40,620

2

47,190

58,890

54,270

3

59,370

74,220

68,280

4

71,550

89,460

82,290

5

83,730

104,700

96,300

6

95,910

119,940

110,310

7

108,090

135,180

124,320

8

120,270

150,420

138,330

For families/ households with more than 8 persons add,

$12,180
for each additional person

$15,240 for each additional person

$14,010 for each additional person

Criteria for Donor Reimbursement

  1. Any individual who in good faith incurs travel and other qualifying expenses toward the intended donation of an organ.
  2. Donor and recipient of the organ are U.S. citizens or lawfully admitted residents of the U.S.
  3. Donor and recipient have primary residences in the U.S. or its territories.
  4. Travel is originating from the donor’s primary residence.
  5. Donor and recipient certify that they understand and are in compliance with Section 301 of NOTA (42 U.S.C. §274e) which states in part “…..It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce."
  6. The transplant center where the donation procedure occurs certifies to its status of good standing with the Organ Procurement and Transplantation Network (OPTN).

Qualifying Expenses
For the purposes of the Reimbursement of Travel and Subsistence Expenses toward Living Organ Donation Program, qualifying expenses presently include only travel, lodging, and meals and incidental expenses incurred by the donor and/or his/her accompanying person(s) as part of:

(1) Donor evaluation and/or
(2) Hospitalization for the living donor surgical procedure, and/or
(3) Medical or surgical follow-up, clinic visits, or hospitalization within 2 calendar years following the living donation procedure (or beyond the 2- year period if exceptional circumstances exist).

The Program will pay for a total of up to five trips; three for the donor and two for accompanying persons. However, in cases in which the transplant center requests the donor to return to the transplant center for additional visits as a result of donor complications or other health related issues, NLDAC may provide reimbursement for the additional visit(s) for the donor and an accompanying person. The accompanying persons need not be the same in each trip.

The total Federal reimbursement for qualified expenses during the donation process for the donor and accompanying individuals shall not exceed $6,000.00. Reimbursement for qualifying expenses shall be provided at the Federal perdiem rate, except for hotel accommodation, which shall be reimbursed at no more than 150 percent of the Federal per diem rate.

For donor and recipient pairs participating in a paired exchange program, the applicable eligibility criteria for the originally intended recipient shall be considered for the purpose of reimbursement of qualifying donor expenses even though the final recipient of the donated organ may not be the recipient identified in the original donor-recipient pair.

Maximum Number of Prospective Donors per Recipient

  • Kidney: one donor at a time with a maximum of three donors
  • Liver: one donor at a time with a maximum of five donors
  • Lung: two donors at a time with a maximum of six donors

SpecialProvisions
Many factors may prevent the intended and willing donor from proceeding with the donation.  Circumstances that would prevent the transplant or donation from proceeding include: present health status of the intended donor or recipient, perceived long-term risks to the intended donor, justified circumstances such as acts of God (e.g., major storms or hurricanes), or a circumstance when an intended donor proceeds toward donation in good faith, subject to a case-by-case evaluation by the NLDAC, but then elects not to pursue donation.  In such cases, the intended donor and accompanying persons may receive reimbursement for qualified expenses incurred as if the donation had been completed.  Under Program policy, a form will be filed with the Internal Revenue Service (IRS) reporting funds disbursed as income for expenses not incurred.

 

Potential Donors

If you are considering organ donation, NLDAC may be able to lessen the burden of travel expenses. View the NLDAC Eligibility Screening Tool for NLDAC household income requirements. To learn more about the application process, read the NLDAC brochure "How to Apply" in English or Spanish.

More information >

 

Transplant
Centers

Join NLDAC in its mission to reduce financial disincentives to living organ donation.


Register here >