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Transpants-what would u do?


wisconsinguy
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Not quite sure of what you mean by #1

#2. I am not in favor of $ or rewards for organs - opens too many illicit doors. I am one who believes you do it for the good feeling you get from doing a great thing for somebody. Yes, we do see it all the time on the news!

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Not quite sure of what you mean by #1

#2. I am not in favor of $ or rewards for organs - opens too many illicit doors. I am one who believes you do it for the good feeling you get from doing a great thing for somebody. Yes, we do see it all the time on the news!

 

 

I don't think you see it all the time on the news. You see a few highly publicized cases of it. I just heard something about this on NPR. The donor is laid up for a LONG time, months. They should be compensated, at least in part, for their lost income. Compensating the donor should be part of the insurance coverage for a transplant.

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I don't think you see it all the time on the news. You see a few highly publicized cases of it. I just heard something about this on NPR. The donor is laid up for a LONG time, months. They should be compensated, at least in part, for their lost income. Compensating the donor should be part of the insurance coverage for a transplant.

 

I agree, its well and great to donate.. however kindness and good deeds does not pay the bills when your work says, " you don't have any more sick time/pto left, and since you left with what we do not consider a personal medical emergency, there fore no short term disability, or fmla. you can either come back to work on xx day or loose your job, or be considered on a leave of absence with no pay... and we reserve the right to replace you and your position at any time. Business needs you know.

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I believe that you cannot limit FMLA or Disability for someone who is having complications from surgery whether or not that surgery was elective to start out. Someone has an elective nose job anticipating being out of work for a week but during the surgery his oxygen gets cut off inducing a heart attack which leaves him incapacitated for weeks. He is entitled to protection for all the complications despite the initial procedure being elective. He may not be able to hold onto the job, if indeed the job is critical to the running of the company and the absence time would be detrimental to the company.

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I believe that you cannot limit FMLA or Disability for someone who is having complications from surgery whether or not that surgery was elective to start out. Someone has an elective nose job anticipating being out of work for a week but during the surgery his oxygen gets cut off inducing a heart attack which leaves him incapacitated for weeks. He is entitled to protection for all the complications despite the initial procedure being elective. He may not be able to hold onto the job, if indeed the job is critical to the running of the company and the absence time would be detrimental to the company.

 

FMLA is not paid leave and many people do not have disability coverage.

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WG, it is generous of you to consider donating a kidney at all.

 

The question is whether you want to be compensated for lost income or for the downside risk for the donor ( failure of the remaining kidney, complications of surgery including anesthesia). It's very difficult to put a price on the latter, as any company who has tried to value a human life knows.

 

Plus, as "selling organs" is illegal in the US, the law likely forbids any sort of compensation.

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WG, it is generous of you to consider donating a kidney at all.

 

The question is whether you want to be compensated for lost income or for the downside risk for the donor ( failure of the remaining kidney, complications of surgery including anesthesia). It's very difficult to put a price on the latter, as any company who has tried to value a human life knows.

 

Plus, as "selling organs" is illegal in the US, the law likely forbids any sort of compensation.

 

Making the donor whole for his/her lost income isn't "buying organs." It is true that selling organs is illegal, but apparently it is not illegal to compensate the donor for lost income. But there is a strong de facto policy against it because of slippery slope issues. And also, I imagine insurance carriers don't want to cough up the thousands of dollars it would cost to compensate donors.

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As an attorney representing employers, I've seen health plans (probably self-insured, not insured, but that's not the issue) that cover the cost of harvesting organs from a live donor as part of the cost of covered transplants. That's assuming the transplant didn't get tripped up by the "no experimental procedure" exclusion.

 

I can't tell you how common such clauses are, but I can tell you that they existed pre-ACA pre-2009.

 

Also agree that covering donor's medical expenses is not buying organs. But I wouldn't be so sure that disability policies cover lost wages for organ harvesting, considering organ harvesting is intentional and elective. Ditto FMLA or ADA coverage. FMLA is probably the closest call, but I'm not inclined to go check the statutory language, regulations, and case law (because it might come down to interpreting ambiguous language) to check it out.

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