S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10186
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law and the insurance law, in relation
   to requiring space for donate life registration on  certain  insurance
   forms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) and subparagraph  (i)  of  paragraph  (b)  of
 subdivision  5  of  section 4310 of the public health law, as amended by
 chapter 37 of the laws of 2022, are 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, or manual renewal application by an account holder of,  health
 care  coverage  offered  through  the state health benefit exchange, (v)
 enrollment through the donate life registry website, (vi) paper  enroll-
 ment submitted to the donate life registry, (vii) indication made on the
 application  or  renewal  form of a hunting, fishing or trapping license
 issued pursuant to title seven of article eleven  of  the  environmental
 conservation law, (viii) indication made on transactions administered by
 the  office  of  temporary and disability assistance through the mybene-
 fits.ny.gov website, or any such successor website; (ix) indication made
 on applications, renewals or related transactions for college  financial
 aid, grants, or scholarships offered or administered through any website
 maintained  by the higher education services corporation; [or] (x) INDI-
 CATION MADE BY ELIGIBLE INDIVIDUALS DURING  ENROLLMENTS,  RENEWALS,  AND
 OTHER  RELATED  TRANSACTIONS FOR HEALTH INSURANCE POLICIES COVERED UNDER
 THIS ARTICLE, SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF  THE  INSUR-
 ANCE LAW, OR SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THE INSUR-
 ANCE LAW; OR (XI) through any other method identified by the commission-
 er.  The  department  shall  establish  a means by which to register the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15342-01-2
 A. 10186                            2
 
 consent given by individuals who are sixteen or seventeen years  of  age
 in  the  donate  life registry, and shall make registration available by
 any of the methods provided in subparagraphs  (i),  (ii),  (iii),  (iv),
 (v), (vi), (vii), (viii), (ix) [and], (x) AND (XI) of this paragraph.
   (i)  Where required by law for transactions described in subparagraphs
 (i), (ii), (iv), (vii), (viii), (ix), [and] (x) AND  (XI)  of  paragraph
 (a)  of this subdivision, the commissioner shall ensure, in consultation
 with the head of any agency required to implement such transaction, that
 space is provided on any required  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'."
   §  2. Section 4408 of the public health law is amended by adding a new
 subdivision 8 to read as follows:
   8. SPACE SHALL BE PROVIDED ON ANY FORM REQUIRED OF ENROLLEES  SO  THAT
 THE  ELIGIBLE  INDIVIDUAL  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'."
   § 3. Subsection (a) of section 3221 of the insurance law is amended by
 adding a new paragraph 17 to read as follows:
   (17) SPACE SHALL BE PROVIDED ON ANY FORM REQUIRED OF ENROLLEES SO THAT
 THE ELIGIBLE INDIVIDUAL 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'."
   §  4.  Section  4306  of  the insurance law is amended by adding a new
 subsection (o) to read as follows:
   (O) SPACE SHALL BE PROVIDED ON ANY FORM REQUIRED OF ENROLLEES SO  THAT
 THE  ELIGIBLE  INDIVIDUAL  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'."
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  743  of
 the laws of 2021 shall not have taken effect on or before such date then
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2021 takes  effect.  Effective  immediately,
 the  commissioner  of  health, in conjunction with the superintendent of
 financial services, are authorized to promulgate  any  rules  and  regu-
 lations  necessary  for the implementation of this act on or before such
 effective date.