News from the Council and the European Parliament > Recommendation of the Administrative Commission on organ donation published

Recommendation S1 of 15 March 2012 concerning financial aspects of cross-border living organ donations has been published in the Official Journal of the European Union.

In this document, the Administrative Commission recommends the competent authorities of an organ recipient, when they prepare or authorise the living organ donation with an organ coming from a living donor insured in another Member State, to consider the access of the living donor to the health care system for problems related to the procedure of donation. The competent authorities of an organ recipient shall find a humanitarian solution and reimburse the benefits in kind necessitated by cross-border living donation for the donor, if the legislation covering the donor does not provide entitlement to sickness benefits in kind for the donor. Finally, it recommends that the competent authority of the donor shall provide sickness cash benefits in accordance with the legislation it applies, regardless in which Member State the organ donation took place or who the organ recipient was. Possible loss of income by the donor linked to the donation should be treated like any other incapacity for work by the donor's applicable legislation as there is no reason to treat the incapacity for work related to the organ donation differently from other incapacities based on medical grounds.


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