S T A T E O F N E W Y O R K
________________________________________________________________________
839
2023-2024 Regular Sessions
I N S E N A T E
January 6, 2023
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the insurance law, in relation
to requiring space for donate life registration in the initial process
of setting up an online member service portal with an insurer; and to
amend a chapter of the laws of 2022 amending the public health law and
the insurance law relating to requiring space for donate life regis-
tration on certain insurance forms, as proposed in legislative bills
numbers S. 8805 and A. 10186, 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 (a) of subdivision 5 of section 4310 of the
public health law, as amended by a chapter 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 proposed in
legislative bills numbers S. 8805 and A. 10186, 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] NY
STATE OF HEALTH, THE OFFICIAL HEALTH PLAN MARKETPLACE, (v) enrollment
through the donate life registry website, (vi) paper enrollment submit-
ted to the donate life registry, (vii) indication made on the applica-
tion or renewal form of a hunting, fishing or trapping license issued
pursuant to title seven of article eleven of the environmental conserva-
tion law, (viii) indication made on transactions administered by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04032-01-3
S. 839 2
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 by [eligible individuals] AN INSURED AND/OR APPLICANT FOR INSURANCE
during enrollments, renewals, and [other related transactions] THE
INITIAL PROCESS FOR AN INSURED IN SETTING UP AN ONLINE MEMBER SERVICE
PORTAL WITH THEIR INSURER for ACCIDENT AND health insurance policies
[covered under this] AND CONTRACTS ISSUED PURSUANT TO article[, section
three thousand two hundred sixteen] FORTY-FOUR OF THIS CHAPTER, ARTICLE
FORTY-TWO of the insurance law, or [section three thousand two hundred
twenty-one] ARTICLE FORTY-THREE of the insurance law, EXCEPTING RENEWALS
MADE THROUGH THE NY STATE OF HEALTH, THE OFFICIAL HEALTH PLAN MARKET-
PLACE, 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) 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) of this paragraph.
§ 2. Subdivision 8 of section 4408 of the public health law, as added
by a chapter 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 proposed in legislative bills numbers S.
8805 and A. 10186, is amended to read as follows:
8. Space shall be provided on any [form] ENROLLMENT, RENEWAL OR
INITIAL ONLINE PORTAL PROCESS SETUP FORMS required of [enrollees] A
SUBSCRIBER OR APPLICANT FOR COVERAGE, EXCEPTING 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 SUBDI-
VISION FIVE OF SECTION FORTY-THREE HUNDRED TEN AND PARAGRAPH (V) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER, so that the
[eligible individual] SUBSCRIBER OR APPLICANT FOR COVERAGE shall regis-
ter 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 conspicu-
ous 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. Paragraph 17 of subsection (a) of section 3221 of the insurance
law, as added by a chapter 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 proposed in legislative
bills numbers S. 8805 and A. 10186, is amended to read as follows:
(17) Space shall be provided on any [form] ENROLLMENT, RENEWAL OR
INITIAL ONLINE PORTAL PROCESS SETUP FORMS required of [enrollees] AN
INSURED OR APPLICANT FOR INSURANCE so that the [eligible individual]
INSURED OR APPLICANT FOR INSURANCE shall register or decline registra-
tion in the donate life registry for organ, eye and tissue donations
under this section OF THE ENROLLMENT, RENEWAL OR INITIAL ONLINE PORTAL
S. 839 3
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'."
§ 4. Subsection (o) of section 4306 of the insurance law, as added by
a chapter 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 proposed in legislative bills numbers S.
8805 and A. 10186, is amended to read as follows:
(o) Space shall be provided on any [form] ENROLLMENT, RENEWAL OR
INITIAL ONLINE PORTAL PROCESS SETUP FORMS required of [enrollees] A
SUBSCRIBER OR APPLICANT FOR COVERAGE, 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 SUBDI-
VISION 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 [eligible individual] 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'."
§ 5. Subsection (c) of section 3216 of the insurance law is amended by
adding a new paragraph 15 to read as follows:
(15) 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 OFFI-
CIAL 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 REGIS-
TER 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 CONSPICU-
OUS 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'."
§ 6. Section 5 of a chapter 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 proposed in legislative
bills numbers S. 8805 and A. 10186, is amended to read as follows:
§ 5. This act shall take effect [on the one hundred eightieth day]
EIGHTEEN MONTHS 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]
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.
S. 839 4
§ 7. This act shall take effect immediately; provided however that
sections one, two, three, four, and five of this act shall take effect
on the same date and in the same manner as a chapter of the laws of 2022
amending the public health law and the insurance law relating to requir-
ing space for donate life registration on certain insurance forms, as
proposed in legislative bills numbers S. 8805 and A. 10186, takes
effect.
