S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9667--A

                          I N  A S S E M B L Y

                             March 28, 2016
                               ___________

Introduced  by  M. of A. GUNTHER, GOTTFRIED -- read once and referred to
  the Committee on Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to  requiring  appli-
  cants  for  health  insurance offered through the state health benefit
  exchange be provided space on the application for  such  insurance  to
  register  for  the  donate  life  registry  for  organ, eye and tissue
  donations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 206 of the public health law is
amended by adding a new paragraph (v) to read as follows:
  (V) REQUIRE, IN CONSULTATION AND COOPERATION WITH  THE  SUPERINTENDENT
OF  FINANCIAL  SERVICES,  THAT EVERY INDIVIDUAL APPLYING FOR HEALTH CARE
COVERAGE THROUGH THE STATE HEALTH BENEFIT EXCHANGE ESTABLISHED  PURSUANT
TO  THE  FEDERAL  PATIENT  PROTECTION  AND  AFFORDABLE  CARE  ACT  (P.L.
111-148), AS AMENDED BY THE FEDERAL HEALTH CARE AND EDUCATION  RECONCIL-
IATION ACT OF 2010 (P.L. 111-152), BE PROVIDED SPACE SO THAT SUCH APPLI-
CANT  MAY  REGISTER  IN  THE  "DONATE  LIFE REGISTRY" FOR ORGAN, EYE AND
TISSUE DONATIONS UNDER SECTION FORTY-THREE HUNDRED TEN OF  THIS  CHAPTER
WITH THE FOLLOWING STATED IN CLEAR CONSPICUOUS TYPE:
   "WOULD  YOU  LIKE  TO BE ADDED TO THE DONATE LIFE REGISTRY? CHECK BOX
FOR 'YES' OR 'SKIP THIS QUESTION'."
  THE COMMISSIONER SHALL NOT MAINTAIN RECORDS OF ANY PERSON  WHO  CHECKS
"SKIP  THIS QUESTION". EXCEPT WHERE THE APPLICATION IS MADE IN PERSON OR
ELECTRONICALLY, FAILURE TO CHECK A BOX SHALL NOT IMPAIR THE VALIDITY  OF
AN  APPLICATION, AND FAILURE TO CHECK "YES" OR CHECKING "SKIP THIS QUES-
TION" SHALL NOT BE CONSTRUED TO IMPLY A WISH NOT TO DONATE. IN THE  CASE
OF  AN  APPLICANT  UNDER EIGHTEEN YEARS OF AGE, CHECKING "YES" SHALL NOT
CONSTITUTE CONSENT TO MAKE AN ANATOMICAL GIFT  OR  REGISTRATION  IN  THE
DONATE  LIFE  REGISTRY.  WHERE  AN APPLICANT HAS PREVIOUSLY CONSENTED TO
MAKE AN ANATOMICAL GIFT OR  REGISTERED  IN  THE  DONATE  LIFE  REGISTRY,
CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14035-03-6

A. 9667--A                          2

  S  2.  Paragraph  (a)  of  subdivision 5 of section 4310 of the public
health law, as amended by section 27 of part A of chapter 60 of the laws
of 2014, is amended to read as follows:
  (a)  Such  organ,  eye  and  tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication  made  on  a
non-driver  identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) INDICATION MADE ON THE  APPLICA-
TION  FOR  HEALTH CARE COVERAGE OFFERED THROUGH THE STATE HEALTH BENEFIT
EXCHANGE, (V) enrollment through the donate life registry website, [(v)]
(VI) paper enrollment submitted to the donate life registry,  or  [(vi)]
(VII) through any other method identified by the commissioner.
  S  3.  Subparagraph  (i)  of paragraph (b) of subdivision 5 of section
4310 of the public health law, as amended by section 27  of  part  A  of
chapter 60 of the laws of 2014, is amended to read as follows:
  (i) Where required by law for registration forms described in subpara-
graphs  (i)  [and],  (ii) AND (IV) of paragraph (a) of this subdivision,
the commissioner shall ensure that space is provided on any registration
form so that the applicant shall register or decline registration in the
donate life registry for organ, eye  and  tissue  donations  under  this
section  and  that  the  following  is  stated  on the form in clear and
conspicuous type:
  "You must fill out the following section: Would you like to  be  added
to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
tion'."
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law. Provided, that, effec-
tive  immediately,  any actions necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date. Provided, further, that the amendments
to  subdivision  5  of  section  4310  of the public health law, made by
sections two and three of this act, shall not affect the  expiration  of
such subdivision, and shall expire and be deemed repealed therewith.