•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

S06952 Summary:

BILL NOS06952A
 
SAME ASSAME AS A09667-A
 
SPONSORHANNON
 
COSPNSRFLANAGAN, CARLUCCI, O'MARA
 
MLTSPNSR
 
Amd §§206 & 4310, Pub Health L
 
Requires applications for health care coverage through the health benefit exchange to include registration space to register in the donate life registry for organ, eye and tissue donations.
Go to top

S06952 Memo:

Memo not available
Go to top

S06952 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6952--A
            Cal. No. 423
 
                    IN SENATE
 
                                      March 9, 2016
                                       ___________
 
        Introduced  by Sens. HANNON, FLANAGAN -- read twice and ordered printed,
          and when printed to  be  committed  to  the  Committee  on  Health  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT  to amend the public health law, in relation to requiring appli-
          cants for health insurance offered through the  state  health  benefit
          exchange  be  provided  space on the application for such insurance to
          register for the donate  life  registry  for  organ,  eye  and  tissue
          donations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 206 of the public  health  law  is
     2  amended by adding a new paragraph (v) to read as follows:
     3    (v)  require,  in consultation and cooperation with the superintendent
     4  of financial services, that every individual applying  for  health  care
     5  coverage  through the state health benefit exchange established pursuant
     6  to  the  federal  Patient  Protection  and  Affordable  Care  Act  (P.L.
     7  111-148),  as amended by the federal Health Care and Education Reconcil-
     8  iation Act of 2010 (P.L. 111-152), be provided space so that such appli-
     9  cant may register in the "donate  life  registry"  for  organ,  eye  and
    10  tissue  donations  under section forty-three hundred ten of this chapter
    11  with the following stated in clear conspicuous type:
    12     "Would you like to be added to the Donate Life  Registry?  Check  box
    13  for 'yes' or 'skip this question'."
    14    The  commissioner  shall not maintain records of any person who checks
    15  "skip this question". Except where the application is made in person  or
    16  electronically,  failure to check a box shall not impair the validity of
    17  an application, and failure to check "yes" or checking "skip this  ques-
    18  tion"  shall not be construed to imply a wish not to donate. In the case
    19  of an applicant under eighteen years of age, checking  "yes"  shall  not
    20  constitute  consent  to  make  an anatomical gift or registration in the
    21  donate life registry. Where an applicant  has  previously  consented  to
    22  make  an  anatomical  gift  or  registered  in the donate life registry,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14035-02-6

        S. 6952--A                          2

     1  checking "skip this question" or failing to check a box shall not impair
     2  that consent or registration.
     3    §  2.  Paragraph  (a)  of  subdivision 5 of section 4310 of the public
     4  health law, as amended by section 27 of part A of chapter 60 of the laws
     5  of 2014, is amended to read as follows:
     6    (a) Such organ, eye and tissue registration  of  consent  to  make  an
     7  anatomical gift can be made through: (i) indication made on the applica-
     8  tion  or  renewal  form of a driver's license, (ii) indication made on a
     9  non-driver identification card application or renewal form, (iii)  indi-
    10  cation made on a voter registration form pursuant to subdivision five of
    11  section  5-210 of the election law, (iv) indication made on the applica-
    12  tion for health care coverage offered through the state  health  benefit
    13  exchange, (v) enrollment through the donate life registry website, [(v)]
    14  (vi)  paper  enrollment submitted to the donate life registry, or [(vi)]
    15  (vii) through any other method identified by the commissioner.
    16    § 3. Subparagraph (i) of paragraph (b) of  subdivision  5  of  section
    17  4310  of  the  public  health law, as amended by section 27 of part A of
    18  chapter 60 of the laws of 2014, is amended to read as follows:
    19    (i) Where required by law for registration forms described in subpara-
    20  graphs (i) [and], (ii) and (iv) of paragraph (a)  of  this  subdivision,
    21  the commissioner shall ensure that space is provided on any registration
    22  form so that the applicant shall register or decline registration in the
    23  donate  life  registry  for  organ,  eye and tissue donations under this
    24  section and that the following is  stated  on  the  form  in  clear  and
    25  conspicuous type:
    26    "You  must  fill out the following section: Would you like to be added
    27  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    28  tion'."
    29    §  4. This act shall take effect on the first of January next succeed-
    30  ing the date on which it shall have become a law. Provided, that, effec-
    31  tive immediately, any actions necessary to implement the  provisions  of
    32  this  act  on  its  effective  date  are  authorized  and directed to be
    33  completed on or before such date. Provided, further, that the amendments
    34  to subdivision 5 of section 4310 of  the  public  health  law,  made  by
    35  sections  two  and three of this act, shall not affect the expiration of
    36  such subdivision, and shall expire and be deemed repealed therewith.
Go to top