NY State Senate Bill 2015-S6952

Senate Bill S6952

Signed By Governor

2015-2016 Legislative Session

Requires applications for health care coverage through the health benefit exchange to include registration to be an organ donor

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2016	signed chap.40
May 13, 2016	delivered to governor
May 11, 2016	returned to senate passed assembly ordered to third reading cal.558 substituted for a9667a
Apr 11, 2016	referred to health delivered to assembly passed senate
Mar 30, 2016	amended on third reading (t) 6952a
Mar 28, 2016	advanced to third reading
Mar 23, 2016	2nd report cal.
Mar 22, 2016	1st report cal.423
Mar 09, 2016	referred to health

Votes

- Apr 11, 2016 - Floor Vote
  S6952
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 11, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Marchione
      
      Nozzolio
  Mar 22, 2016 - Health Committee Vote
  S6952
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 22, 2016
      
      aye (17)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S6952 - Details

See Assembly Version of this Bill:: A9667
Law Section:: Public Health Law
Laws Affected:: Amd §§206 & 4310, Pub Health L

2015-S6952 - Summary

Requires applications for health care coverage through the health benefit exchange to include registration space to register in the donate life registry for organ, eye and tissue donations.

2015-S6952 - Sponsor Memo

                                 BILL NUMBER:  S6952

 TITLE OF BILL :

An act to amend the public health law, in relation to requiring
applications for health insurance offered through the state health
benefit exchange to include a registration for the donate life
registry for organ, eye and tissue donations

 PURPOSE :

To provide increased opportunity for New Yorkers to document their
decision to give the gift of life and enroll as an organ and tissue
donor in the New York State Donate Life Registry. The New York State
Donate Life Registry only contains 25% of the population and currently
ranks second to last in donor designation share (designated donors as
a percentage of state population age 18 and over represented on state
registry) in the nation while simultaneously having the third highest
number of patients currently waiting for a lifesaving organ
transplant.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 206 of the public health law to
require that every application for a qualified health plan offered
through the state health benefit exchange provide an opportunity to

register in the "donate life registry" allowing them to check the box
for "yes" or "skip this questions" as currently required on DMV
registrations.

Sections 2 and 3 of the bill amends section 4310 of the public health
law which identifies how individuals can register as an organ, eye and
tissue donor and includes through the state health benefit exchange.

Section 4 of the bill provides an effective date.

 JUSTIFICATION :

In New York State, the primary methods for enrollment in the Donate
Life Registry are a checkbox on applications at the Department of
Motor Vehicles (DMV), and an application on the voter registration
form from the Board of Elections (BOE). Each of these methods presents
applicants with the opportunity to register their consent as an organ
and tissue donor. Combined, these two methods currently provide the
majority of New York State's new registrants and have only resulted in
25% of potential New Yorkers enrolling on the registry, the second to
lowest rate in the nation. This has resulted in a critical shortage of
transplantable organs and tissue for New Yorkers in need of a
lifesaving transplant.

To address this shortage, New York State needs to offer New Yorkers
more opportunities to register their consent to be an organ and tissue
donor. The New York State of Health Insurance Exchange is an ideal
venue for offering individuals the option of documenting their
decision to save a life and enroll as an organ and tissue donor, as
they are already considering healthcare options and choices. By
allowing New Yorker's to enroll in the registry through the New York
State of Health, New York State can increase enrollment on the
registry and make significant progress toward saving lives through
organ donation and transplantation.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
First of January next succeeding the date on which it shall have
become law, provided effective immediately, any actions necessary to
implement on its effective date are authorized and directed, and
further provided amendments to subdivision 5 of section 4310 shall not
affect the expiration of the subdivision and shall expire therewith.

2015-S6952 - Bill Text download pdf

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

                                  6952

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by Sens. HANNON, FLANAGAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to requiring applica-
  tions for health insurance offered through the  state  health  benefit
  exchange  to  include  a registration 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 APPLICATION FOR A QUALIFIED HEALTH
PLAN OFFERED 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), PROVIDE SPACE SO THAT  THE  APPLICANT
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 ON THE APPLICATION IN CLEAR 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'."
  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.
                                                           LBD14035-01-6

S. 6952                             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 A QUALIFIED HEALTH PLAN OFFERED THROUGH THE STATE HEALTH BENE-
FIT 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.

co-Sponsors

2015-S6952A (ACTIVE) - Details

See Assembly Version of this Bill:: A9667
Law Section:: Public Health Law
Laws Affected:: Amd §§206 & 4310, Pub Health L

2015-S6952A (ACTIVE) - Summary

Requires applications for health care coverage through the health benefit exchange to include registration space to register in the donate life registry for organ, eye and tissue donations.

2015-S6952A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6952A

 TITLE OF BILL :  An act to amend the public health law, in relation
to requiring applicants 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

 PURPOSE :

To provide increased opportunity for New Yorkers to document their
decision to give the gift of life and enroll as an organ and tissue
donor in the New York State Donate Life Registry. The New York State
Donate Life Registry only contains 25% of the population and currently
ranks second to last in donor designation share (designated donors as
a percentage of state population age 18 and over represented on state
registry) in the nation while simultaneously having the third highest
number of patients currently waiting for a lifesaving organ
transplant.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 206 of the public health law to
require that every application for a qualified health plan offered
through the state health benefit exchange provide an opportunity to
register in the "donate life registry" allowing them to check the box

for "yes" or "skip this questions" as currently required on DMV
registrations.

Sections 2 and 3 of the bill amends section 4310 of the public health
law which identifies how individuals can register as an organ, eye and
tissue donor and includes through the state health benefit exchange.

Section 4 of the bill provides an effective date.

 JUSTIFICATION :

In New York State, the primary methods for enrollment in the Donate
Life Registry are a checkbox on applications at the Department of
Motor Vehicles (DMV), and an application on the voter registration
form from the Board of Elections (BOE). Each of these methods presents
applicants with the opportunity to register their consent as an organ
and tissue donor. Combined, these two methods currently provide the
majority of New York State's new registrants and have only resulted in
25% of potential New Yorkers enrolling on the registry, the second to
lowest rate in the nation. This has resulted in a critical shortage of
transplantable organs and tissue for New Yorkers in need of a
lifesaving transplant.

To address this shortage, New York State needs to offer New Yorkers
more opportunities to register their consent to be an organ and tissue
donor. The New York State of Health Insurance Exchange is an ideal
venue for offering individuals the option of documenting their
decision to save a life and enroll as an organ and tissue donor, as
they are already considering healthcare options and choices. By
allowing New Yorker's to enroll in the registry through the New York
State of Health, New York State can increase enrollment on the
registry and make significant progress toward saving lives through
organ donation and transplantation.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
First of January next succeeding the date on which it shall have
become law, provided effective immediately, any actions necessary to
implement on its effective date are authorized and directed, and
further provided amendments to subdivision 5 of section 4310 shall not
affect the expiration of the subdivision and shall expire therewith.

2015-S6952A (ACTIVE) - Bill Text download pdf

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

                                 6952--A
    Cal. No. 423

                            I N  S E N A T E

                              March 9, 2016
                               ___________

Introduced  by Sens. HANNON, FLANAGAN -- read twice and ordered printed,
  and when printed to  be  committed  to  the  Committee  on  Health  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14035-02-6

S. 6952--A                          2

CHECKING "SKIP THIS QUESTION" OR FAILING TO CHECK A BOX SHALL NOT IMPAIR
THAT CONSENT OR REGISTRATION.
  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.

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Senate Bill S6952

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

John J. Flanagan

2015-S6952 - Details

2015-S6952 - Summary

2015-S6952 - Sponsor Memo

2015-S6952 - Bill Text download pdf

co-Sponsors

John J. Flanagan

David Carlucci

Thomas F. O'Mara

2015-S6952A (ACTIVE) - Details

2015-S6952A (ACTIVE) - Summary

2015-S6952A (ACTIVE) - Sponsor Memo

2015-S6952A (ACTIVE) - Bill Text download pdf

Comments