S T A T E O F N E W Y O R K
________________________________________________________________________
7079
2023-2024 Regular Sessions
I N A S S E M B L Y
May 10, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to allowing patients
to register in the "donate life registry" through their electronic
health records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (v) of subdivision 1 of section 206 of the public
health law, as added by chapter 40 of the laws of 2016, is amended and a
new paragraph (w) is added 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, EXCEPT AS OTHERWISE PROVIDED PURSUANT TO THE
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FORTY-THREE
HUNDRED ONE OF THIS CHAPTER. Where an applicant has previously consented
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11125-01-3
A. 7079 2
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.
(W) REQUIRE THAT EVERY ELECTRONIC HEALTH RECORD VENDOR INCLUDE AND
INTEGRATE COMPONENTS INTO THEIR ELECTRONIC HEALTH RECORD PRODUCTS IMPLE-
MENTED FOR GENERAL HOSPITALS IN THE STATE REGULATED UNDER ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER IN SUCH A MANNER TO ALLOW PATIENTS TO REGISTER
IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS AS
PROVIDED FOR UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS CHAPTER.
ELECTRONIC HEALTH RECORD VENDORS SHALL PROVIDE THE INTEGRATION OF SUCH
ELEMENTS WITHOUT ADDITIONAL COST UNDER THIS PARAGRAPH AS A COMPONENT OF
EITHER EXISTING OR NEW IMPLEMENTATIONS OF THEIR ELECTRONIC HEALTH RECORD
PRODUCTS. PATIENT FACING ELEMENTS OF THESE REQUIREMENTS SHALL INCLUDE
OPPORTUNITIES FOR PATIENTS TO DIRECTLY REGISTER IN THE "DONATE LIFE
REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS AS A COMPONENT OF SUCH
ELEMENTS.
§ 2. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by chapter 37 of the laws of 2022, 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, 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; (X) INDICATION
MADE ON TRANSACTIONS CONDUCTED THROUGH AN INDIVIDUAL'S ELECTRONIC HEALTH
RECORDS; or [(x)] (XI) through any other method identified by the
commissioner. The department shall establish a means by which to regis-
ter the consent given by individuals who are sixteen or seventeen years
of age in the donate life registry, and shall make registration avail-
able by any of the methods provided in subparagraphs (i), (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix) [and], (x) AND (XI) of this para-
graph.
§ 3. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by chapter 29 of the laws of 2023, 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, or manual renewal application by an account holder of, health
care coverage offered through the NY State of Health, the official
A. 7079 3
Health Plan Marketplace, (v) enrollment through the donate life registry
website, (vi) paper enrollment 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 mybenefits.ny.gov website, or any such successor
website; (ix) indication made on applications, renewals or related tran-
sactions for college financial aid, grants, or scholarships offered or
administered through any website maintained by the higher education
services corporation; (x) indication made by an insured and/or applicant
for insurance during enrollments, renewals, and the initial process for
an insured in setting up an online member service portal with their
insurer for accident and health insurance policies and contracts issued
pursuant to article forty-four of this chapter, article forty-two of the
insurance law, or article forty-three of the insurance law, excepting
renewals made through the NY State of Health, the official Health Plan
Marketplace, other than those specifically referenced in subparagraph
(iv) of this paragraph and paragraph (v) of subdivision one of section
two hundred six of this chapter; and provided, however, that nothing in
this section shall apply to the medical assistance program under title
eleven of article five of the social services law; (XI) INDICATION MADE
ON TRANSACTIONS CONDUCTED THROUGH AN INDIVIDUAL'S ELECTRONIC HEALTH
RECORD; or [(xi)] (XII) through any other method identified by the
commissioner. The department shall establish a means by which to regis-
ter the consent given by individuals who are sixteen or seventeen years
of age in the donate life registry, and shall make registration avail-
able by any of the methods provided in subparagraphs (i), (ii), (iii),
(iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi) AND (XII) of this
paragraph.
§ 4. 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, is amended to read as follows:
(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'."
§ 5. Subparagraph (i) of paragraph (b) of subdivision 5 of section
4310 of the public health law, as amended by chapter 758 of the laws of
2022, is amended to read as follows:
(i) Where required by law for transactions described in subparagraphs
(i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) AND (XII) of para-
graph (a) of this subdivision, the commissioner shall ensure, in consul-
tation with the head of any agency required to implement such trans-
action, 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:
A. 7079 4
"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'."
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that if chapter 758 of the laws of 2022 shall not have taken effect on
or before such date then sections three and five of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2022 takes effect. Effective immediately, the commissioner of
health is authorized to take any actions necessary to implement the
provisions of this act on or before its effective date.