NY State Senate Bill 2023-S8749

Senate Bill S8749

Signed By Governor

2023-2024 Legislative Session

Extends provisions relating to requiring space for donate life registration on certain insurance forms

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2024	signed chap.159
Jun 26, 2024	delivered to governor
May 30, 2024	returned to senate passed assembly ordered to third reading rules cal.269 substituted for a9564b
May 29, 2024	referred to insurance delivered to assembly passed senate
May 22, 2024	advanced to third reading
May 21, 2024	2nd report cal. amended (t) 8749a
May 20, 2024	1st report cal.1258
Mar 07, 2024	referred to insurance

Votes

- May 29, 2024 - Floor Vote
  S8749
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 20, 2024 - Insurance Committee Vote
  S8749
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Insurance Committee Vote: May 20, 2024
      
      aye (10)
      
      Addabbo Jr.
      
      Ashby
      
      Breslin
      
      Cooney
      
      Harckham
      
      Helming
      
      Martinez
      
      O'Mara
      
      Sanders Jr.
      
      Scarcella-Spanton

Bill Amendments

Original

A (Active)

2023-S8749 - Details

Law Section:: Insurance Law
Laws Affected:: Amd §§3221 & 3216, Ins L; amd §5, Chap 758 of 2022

2023-S8749 - Summary

Extends provisions relating to requiring space for donate life registration on certain insurance forms.

2023-S8749 - Sponsor Memo

                                 
BILL NUMBER: S8749

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the insurance 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

 
PURPOSE:

To provide insurers with specific requirements to ensure insureds and
applicants for insurance are provided with donate life registry enroll-
ment forms in a clear and consistent fashion.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 3221 of the Insurance Law to provide that for
insureds and applicants for insurance that respond "yes" to a question
about being added to the donate life registry, an insurer (or third

party administrator acting on their behalf) shall provide the insured or
applicant for insurance with a donate life registry enrollment form or
provide the insured or applicant with a link to the donate life registry
enrollment form website. Section 1 also provides that the Superintendent
of Financial Services, in consultation with the Commissioner of Health,
may approve additional compliance procedures. Section 2 amends Section
3216 of the Insurance Law to provide that for insureds and applicants
for insurance that respond "yes" to a question about being added to the
donate life registry, an insurer (or third party administrator acting on
their behalf) shall provide the insured or applicant for insurance with
a donate life registry enrollment form or provide the insured or appli-
cant with a link to the donate life registry enrollment form website.
Section 2 also provides that the Superintendent of Financial Services,
in consultation with the Commissioner of Health, may approve additional
compliance pro cedures. Section 3 amends the effective date of
provisions included in Chapter 29 of the laws of 2023 from eighteen
months to January 1, 2026.

 
JUSTIFICATION:

Lauren's Law (Chapter 758 of the Laws of 2022) requires insurers to
provide space on enrollment, renewal, or initial online portal process
setup forms for the following question: "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 question'." While the question appears
straightforward, Lauren's Law does not provide clarity about what insur-
ers are required to provide insureds or applicants for insurance if they
respond yes. This bill provides insurers with specific requirements to
ensure insureds and applicants for insurance are provided with donate
life registry enrollment forms in a clear and consistent fashion. It
also extends the deadline for compliance with Lauren's Law to January 1,
2026 to allow insurers time to make the necessary administrative and
information technology changes.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
BUDGET IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8749 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8749
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance 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 effective-
   ness 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14802-01-4
 S. 8749                             2
 
    (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. 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.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-S8749A (ACTIVE) - Details

Law Section:: Insurance Law
Laws Affected:: Amd §§3221 & 3216, Ins L; amd §5, Chap 758 of 2022

2023-S8749A (ACTIVE) - Summary

Extends provisions relating to requiring space for donate life registration on certain insurance forms.

2023-S8749A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8749A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act 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 effec-
tiveness thereof

 
PURPOSE:

To extend the effective date to help meet specific requirements to
ensure insureds and applicants for insurance are provided with donate
life registry enrollment forms in a clear and consistent fashion.

 
SUMMARY OF PROVISIONS:

Section 1 Section 5 of chapter 758 of the laws of 2022 amending the
public health law and the insurance la relating to requiring space for
donate life registration on certain insurance forms, as amended by chap-
ter 29 of the laws of 2023 is amended to read as follows:

Section 5 Changes the effective date of from 18 months after it shall
have become a law to January 1, 2026.

 
JUSTIFICATION:

Lauren's Law (Chapter 758 of the Laws of 2022) requires insurers to
provide space on enrollment, renewal, or initial online portal process
setup forms for the following question: "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 question'." While the question appears
straightforward, Lauren's Law does not provide clarity about what insur-
ers are required to provide insureds or applicants for insurance if they
respond yes.

This bill extends the deadline for compliance with Lauren's Law to Janu-
ary 2026 to allow insurers time to make the necessary administrative and
Information technology changes.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8749A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8749--A
     Cal. No. 1258
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Insurance  --  reported
   favorably  from  said  committee,  ordered to first report, amended on
   first report, ordered  to  a  second  report  and  ordered  reprinted,
   retaining its place in the order of second report

 AN  ACT  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.  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 chap-
 ter 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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14802-04-4

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