S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5572
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the public health law, in relation to organ donation
   registration through a patient-facing portal; and to amend  a  chapter
   of  the laws of 2024 amending the public health law relating to allow-
   ing patients to register in the "donate life registry"  through  their
   electronic health records, as proposed in legislative bills numbers S.
   8456 and A. 7079, 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 (w) of subdivision 1 of section 206 of the public
 health law, as added by a chapter of  the  laws  of  2024  amending  the
 public  health  law  relating  to  allowing  patients to register in the
 "donate life registry"  through  their  electronic  health  records,  as
 proposed in legislative bills numbers S. 8456 and A. 7079, is amended to
 read as follows:
   (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
 DIRECTLY in the NEW YORK STATE "donate life registry" for organ, eye and
 tissue donations as provided for under section forty-three  hundred  ten
 of this chapter. SUCH REGISTRATION SHALL BE VIA A PATIENT-FACING PORTAL,
 PROVIDED  THAT, TO PROTECT PATIENT CONFIDENTIALITY AND PREVENT CONFLICTS
 OF INTEREST, SUCH ELECTRONIC HEALTH RECORD PRODUCTS  DO  NOT  RETAIN  OR
 STORE  PATIENTS'  DONOR  STATUS INFORMATION, AND PROVIDED, FURTHER, THAT
 SUCH ELECTRONIC HEALTH RECORD PRODUCTS MEET STANDARDS AS MAY  BE  ESTAB-
 LISHED  BY  THE COMMISSIONER, INCLUDING, BUT NOT LIMITED TO, A STANDARD-
 IZED QUESTION ALLOWING DIRECT ENROLLMENT IN THE DONATE LIFE REGISTRY AND
 REQUIRED DATA ELEMENTS. Electronic health record vendors  shall  provide
 the  integration  of  such  elements  without additional cost under this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02858-01-5
              

 A. 5572                             2
 
 paragraph as a component of either existing or  new  implementations  of
 their  electronic  health  record  products.  Patient facing elements of
 these [requirements] PRODUCTS 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 section 2 of a chapter of the laws of 2024
 amending the public health law relating to allowing patients to register
 in the "donate life registry" through their electronic  health  records,
 as proposed in legislative bills numbers S. 8456 and A. 7079, 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 THE PATIENT-FACING PORTAL OF  an
 individual's electronic health records; 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 subparagraphs
 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi)  of
 this paragraph.
   §  3.  Paragraph  (a)  of  subdivision 5 of section 4310 of the public
 health law, as amended by section 3 of a chapter of  the  laws  of  2024
 amending the public health law relating to allowing patients to register
 in  the  "donate life registry" through their electronic health records,
 as proposed in legislative bills numbers S. 8456 and A. 7079, 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
 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
 A. 5572                             3
 
 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 THE PATIENT-FACING PORTAL OF an indi-
 vidual's electronic health record; 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 subparagraphs
 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix),  (x),  (xi)  and
 (xii) of this paragraph.
   §  4.  Section  6 of a chapter of the laws of 2024 amending the public
 health law relating to allowing patients to register in the "donate life
 registry" through their electronic health records, as proposed in legis-
 lative bills numbers S. 8456 and A. 7079, is amended to read as follows:
   § 6. This act shall take effect [on the first of January next succeed-
 ing the date on which] TWO YEARS AFTER  it  shall  have  become  a  law;
 provided,  however,  THAT  EFFECTIVE IMMEDIATELY ANY DONOR REGISTRATIONS
 MADE THROUGH ELECTRONIC HEALTH RECORDS SHALL BE TRANSMITTED TO  THE  NEW
 YORK  STATE "DONATE LIFE REGISTRY"; AND PROVIDED, FURTHER, 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.
   §  5.  This  act shall take effect immediately; provided that sections
 one, two and three of this act shall take effect on the same date and in
 the same manner as a chapter of the laws of  2024  amending  the  public
 health law relating to allowing patients to register in the "donate life
 registry" through their electronic health records, as proposed in legis-
 lative bills numbers S. 8456 and A. 7079, takes effect.