S T A T E O F N E W Y O R K
________________________________________________________________________
9564--A
I N A S S E M B L Y
March 20, 2024
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Insurance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the insurance law and the public health law, in relation
to the provision of donate life registry enrollment forms to certain
insureds; and to amend chapter 758 of the laws of 2022 amending the
public health law and the insurance law relating to requiring space
for donate life registration on certain insurance forms, in relation
to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 17 of subsection (a) of section 3221 of the
insurance law, as amended by chapter 29 of the laws of 2023, is amended
to read as follows:
(17) (A) Space shall be provided on any enrollment, renewal or initial
online portal process setup forms required of an insured or applicant
for insurance so that the insured or applicant for insurance shall
register or decline registration in the donate life registry for organ,
eye and tissue donations under this section of the enrollment, renewal
or initial online portal process setup forms 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'."
(B) FOR INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
INSURER (OR THIRD-PARTY ADMINISTRATOR ACTING ON SUCH INSURER'S BEHALF)
SHALL PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE REGISTRY ENROLL-
MENT FORM WEBSITE.
(C) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS (OR THIRD-PARTY
ADMINISTRATORS) TO COMPLY WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14802-02-4
A. 9564--A 2
§ 2. Paragraph 15 of subsection (c) of section 3216 of the insurance
law, as added by chapter 29 of the laws of 2023, is amended to read as
follows:
(15) (A) Space shall be provided on any enrollment, renewal or
initial online portal process setup forms required of an insured or
applicant for insurance, except forms issued by the NY State of Health,
the official Health Plan Marketplace, other than those specifically
referenced in subparagraph (iv) of paragraph (a) of subdivision five of
section four thousand three hundred ten and paragraph (v) of subdivision
one of section two hundred six of the public health law, required of an
insured or applicant for insurance so that the insured or applicant
shall register or decline registration in the donate life registry for
organ, eye and tissue donations under this section of the enrollment or
renewal form 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'."
(B) FOR INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
INSURER (OR THIRD-PARTY ADMINISTRATOR ACTING ON SUCH INSURER'S BEHALF)
SHALL PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE REGISTRY ENROLL-
MENT FORM WEBSITE.
(C) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS (OR THIRD-PARTY
ADMINISTRATORS) TO COMPLY WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
§ 3. Subsection (o) of section 4306 of the insurance law, as amended
by chapter 29 of the laws of 2023, is amended to read as follows:
(o) (1) Space shall be provided on any enrollment, renewal or initial
online portal process setup forms required of a subscriber or applicant
for coverage, except forms issued by the NY State of Health, the offi-
cial Health Plan Marketplace, other than those specifically referenced
in subparagraph (iv) of paragraph (a) of subdivision five of section
forty three hundred ten and paragraph (v) of subdivision one of section
two hundred six of the public health law, so that the subscriber or
applicant for coverage shall register or decline registration in the
donate life registry for organ, eye and tissue donations under this
section of the enrollment, renewal or initial online portal process
setup forms 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) FOR SUBSCRIBERS AND APPLICANTS FOR COVERAGE THAT RESPOND "YES", A
CORPORATION (OR THIRD-PARTY ADMINISTRATOR ACTING ON SUCH CORPORATION'S
BEHALF) SHALL PROVIDE THE SUBSCRIBER OR APPLICANT FOR COVERAGE WITH A
DONATE LIFE REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE REGIS-
TRY ENROLLMENT FORM WEBSITE.
(3) THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR CORPORATIONS (OR THIRD-
PARTY ADMINISTRATORS) TO COMPLY WITH PARAGRAPH ONE OF THIS SUBSECTION.
§ 4. Subdivision 8 of section 4408 of the public health law, as
amended by chapter 29 of the laws of 2023, is amended to read as
follows:
8. (A) Space shall be provided on any enrollment, renewal or initial
online portal process setup forms required of a subscriber or applicant
A. 9564--A 3
for coverage, excepting forms issued by the NY State of Health, the
official Health Plan Marketplace, other than those specifically refer-
enced in subparagraph (iv) of paragraph (a) of subdivision five of
section forty-three hundred ten and paragraph (v) of subdivision one of
section two hundred six of this chapter, so that the subscriber or
applicant for coverage shall register or decline registration in the
donate life registry for organ, eye and tissue donations under this
section of the enrollment or renewal form 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'."
(B) FOR SUBSCRIBERS AND APPLICANTS FOR COVERAGE THAT RESPOND "YES", A
HEALTH MAINTENANCE ORGANIZATION (OR THIRD-PARTY ADMINISTRATOR ACTING ON
SUCH HEALTH MAINTENANCE ORGANIZATION'S BEHALF) SHALL PROVIDE THE
SUBSCRIBER OR APPLICANT FOR COVERAGE WITH A DONATE LIFE REGISTRY ENROLL-
MENT FORM OR A LINK TO THE DONATE LIFE REGISTRY ENROLLMENT FORM WEBSITE.
(C) THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE
COMMISSIONER, MAY APPROVE ADDITIONAL PROCEDURES FOR HEALTH MAINTENANCE
ORGANIZATIONS (OR THIRD-PARTY ADMINISTRATORS) TO COMPLY WITH PARAGRAPH
(A) OF THIS SUBDIVISION.
§ 5. Section 5 of chapter 758 of the laws of 2022 amending the public
health law and the insurance law relating to requiring space for donate
life registration on certain insurance forms, as amended by chapter 29
of the laws of 2023, is amended to read as follows:
§ 5. This act shall take effect [eighteen months after it shall have
become a law] JANUARY 1, 2026. Effective immediately, the commissioner
of health and the superintendent of financial services are authorized to
promulgate any rules and regulations necessary for the implementation of
this act on or before such effective date.
§ 6. This act shall take effect immediately; provided that sections
one, two, three and four of this act shall take effect on the same date
and in the same manner as chapter 758 of the laws of 2022 takes effect.