S T A T E O F N E W Y O R K
________________________________________________________________________
9922
I N A S S E M B L Y
April 26, 2024
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to providing the
opportunity for patients to register to make an anatomical gift during
health care visits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 1 of section 2803 of the
public health law, as added by chapter 47 of the laws of 1997, is
amended to read as follows:
(i) [The statement] COMPLIANCE regarding patient rights and responsi-
bilities, required pursuant to paragraph (g) of this subdivision, shall
include provisions informing the patient of [his or her] SUCH PATIENT'S
right to make organ, tissue or whole body donations, [and] IN ADDITION
TO PROVIDING the means AND PRESENTING THE OPPORTUNITY by which the
patient may REGISTER IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND
TISSUE DONATIONS AS PROVIDED FOR UNDER SECTION FORTY-THREE HUNDRED TEN
OF THIS CHAPTER TO REGISTER TO make such [a donation] AN ANATOMICAL GIFT
AS A PART OF INTAKE OR DISCHARGE PROCESSES AT THE SITE OF CARE DELIVERY,
DURING THE PATIENT'S EPISODE OF CARE. The commissioner shall promulgate
any rules and regulations necessary to implement the provisions of this
paragraph.
§ 2. Paragraph p of subdivision 3 of section 2803-c of the public
health law, as added by chapter 47 of the laws of 1997, is amended to
read as follows:
p. [A] EVERY PATIENT SHALL BE PROVIDED A statement informing the
patient of [his or her] SUCH PATIENT'S right to make organ, tissue or
whole body donations, [and] IN ADDITION TO PROVIDING the means AND
PRESENTING THE OPPORTUNITY by which the patient may REGISTER IN THE
"DONATE LIFE REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS AS PROVIDED
FOR UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS CHAPTER TO REGISTER TO
make [such a donation] AN ANATOMICAL GIFT AS PART OF INTAKE OR DISCHARGE
PROCESSES AT THE SITE OF CARE DELIVERY, DURING SUCH PATIENT'S EPISODE OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14726-02-4
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CARE. The commissioner shall promulgate any rules and regulations
necessary to implement the provisions of this paragraph.
§ 3. Section 2984 of the public health law is amended by adding a new
subdivision 6 to read as follows:
6. A HEALTH CARE PROVIDER SHALL ENSURE THAT EVERY PATIENT SHALL BE
PROVIDED A STATEMENT INFORMING THE PATIENT OF SUCH PATIENT'S RIGHT TO
MAKE ORGAN, TISSUE OR WHOLE BODY DONATIONS, IN ADDITION TO PROVIDING THE
MEANS AND PRESENTING THE OPPORTUNITY BY WHICH SUCH PATIENT MAY REGISTER
IN THE "DONATE LIFE REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS AS
PROVIDED FOR UNDER SECTION FORTY-THREE HUNDRED TEN OF THIS CHAPTER TO
REGISTER TO MAKE SUCH AN ANATOMICAL GIFT DURING SUCH PATIENT'S EPISODE
OF CARE.
§ 4. Paragraph (a) and subparagraph (i) of paragraph (b) of subdivi-
sion 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 PURSUANT TO EITHER PARAGRAPH (P) OF SUBDIVISION THREE OF
SECTION TWENTY-EIGHT HUNDRED THREE-C, OR PARAGRAPH (I) OF SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER; OR (XI) through any
other method identified by the commissioner. The department shall estab-
lish a means by which to register the 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'."
§ 5. 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. 9922 3
(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
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; [or] (xi) INDICATION
MADE PURSUANT TO EITHER PARAGRAPH (P) OF SUBDIVISION THREE OF SECTION
TWENTY-EIGHT HUNDRED THREE-C, OR PARAGRAPH (I) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER; OR (XII) through any other
method identified by the commissioner. The department shall establish a
means by which to register the 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 subpara-
graphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x)
[and], (xi), AND (XII) of this paragraph.
§ 6. 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
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'."
§ 7. 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 29 of the laws of 2023 shall not have taken effect on or
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before such date then sections five and six of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2023, takes effect. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.