S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    814
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02858-01-5
 S. 814                              2
 
 the integration of such elements  without  additional  cost  under  this
 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
 S. 814                              3
 
 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; (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.