Amd §§206 & 4310, Pub Health L; amd §6, Chap of 2024 (as proposed in S.8456 & A.7079)
Provides that organ donation registrations through an electronic health record product do not retain or store patients' donor status information and meet standards established by the commissioner; amends the effective date.
STATE OF NEW YORK
________________________________________________________________________
5572
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Paragraph (w) of subdivision 1 of section 206 of the public
2 health law, as added by a chapter of the laws of 2024 amending the
3 public health law relating to allowing patients to register in the
4 "donate life registry" through their electronic health records, as
5 proposed in legislative bills numbers S. 8456 and A. 7079, is amended to
6 read as follows:
7 (w) require that every electronic health record vendor include and
8 integrate components into their electronic health record products imple-
9 mented for general hospitals in the state regulated under article twen-
10 ty-eight of this chapter in such a manner to allow patients to register
11 directly in the New York state "donate life registry" for organ, eye and
12 tissue donations as provided for under section forty-three hundred ten
13 of this chapter. Such registration shall be via a patient-facing portal,
14 provided that, to protect patient confidentiality and prevent conflicts
15 of interest, such electronic health record products do not retain or
16 store patients' donor status information, and provided, further, that
17 such electronic health record products meet standards as may be estab-
18 lished by the commissioner, including, but not limited to, a standard-
19 ized question allowing direct enrollment in the donate life registry and
20 required data elements. Electronic health record vendors shall provide
21 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
1 paragraph as a component of either existing or new implementations of
2 their electronic health record products. Patient facing elements of
3 these [requirements] products shall include opportunities for patients
4 to directly register in the "donate life registry" for organ, eye and
5 tissue donations as a component of such elements.
6 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public
7 health law, as amended by section 2 of a chapter of the laws of 2024
8 amending the public health law relating to allowing patients to register
9 in the "donate life registry" through their electronic health records,
10 as proposed in legislative bills numbers S. 8456 and A. 7079, is amended
11 to read as follows
12 (a) Such organ, eye and tissue registration of consent to make an
13 anatomical gift can be made through: (i) indication made on the applica-
14 tion or renewal form of a driver's license, (ii) indication made on a
15 non-driver identification card application or renewal form, (iii) indi-
16 cation made on a voter registration form pursuant to subdivision five of
17 section 5-210 of the election law, (iv) indication made on the applica-
18 tion for, or manual renewal application by an account holder of, health
19 care coverage offered through the state health benefit exchange, (v)
20 enrollment through the donate life registry website, (vi) paper enroll-
21 ment submitted to the donate life registry, (vii) indication made on the
22 application or renewal form of a hunting, fishing or trapping license
23 issued pursuant to title seven of article eleven of the environmental
24 conservation law, (viii) indication made on transactions administered by
25 the office of temporary and disability assistance through the mybene-
26 fits.ny.gov website, or any such successor website; (ix) indication made
27 on applications, renewals or related transactions for college financial
28 aid, grants, or scholarships offered or administered through any website
29 maintained by the higher education services corporation; (x) [indication
30 made on] transactions conducted through the patient-facing portal of an
31 individual's electronic health records; or (xi) through any other method
32 identified by the commissioner. The department shall establish a means
33 by which to register the consent given by individuals who are sixteen or
34 seventeen years of age in the donate life registry, and shall make
35 registration available by any of the methods provided in subparagraphs
36 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi) of
37 this paragraph.
38 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public
39 health law, as amended by section 3 of a chapter of the laws of 2024
40 amending the public health law relating to allowing patients to register
41 in the "donate life registry" through their electronic health records,
42 as proposed in legislative bills numbers S. 8456 and A. 7079, is amended
43 to read as follows:
44 (a) Such organ, eye and tissue registration of consent to make an
45 anatomical gift can be made through: (i) indication made on the applica-
46 tion or renewal form of a driver's license, (ii) indication made on a
47 non-driver identification card application or renewal form, (iii) indi-
48 cation made on a voter registration form pursuant to subdivision five of
49 section 5-210 of the election law, (iv) indication made on the applica-
50 tion for, or manual renewal application by an account holder of, health
51 care coverage offered through the NY State of Health, the official
52 Health Plan Marketplace, (v) enrollment through the donate life registry
53 website, (vi) paper enrollment submitted to the donate life registry,
54 (vii) indication made on the application or renewal form of a hunting,
55 fishing or trapping license issued pursuant to title seven of article
56 eleven of the environmental conservation law, (viii) indication made on
A. 5572 3
1 transactions administered by the office of temporary and disability
2 assistance through the mybenefits.ny.gov website, or any such successor
3 website; (ix) indication made on applications, renewals or related tran-
4 sactions for college financial aid, grants, or scholarships offered or
5 administered through any website maintained by the higher education
6 services corporation; (x) indication made by an insured and/or applicant
7 for insurance during enrollments, renewals, and the initial process for
8 an insured in setting up an online member service portal with their
9 insurer for accident and health insurance policies and contracts issued
10 pursuant to article forty-four of this chapter, article forty-two of the
11 insurance law, or article forty-three of the insurance law, excepting
12 renewals made through the NY State of Health, the official Health Plan
13 Marketplace, other than those specifically referenced in subparagraph
14 (iv) of this paragraph and paragraph (v) of subdivision one of section
15 two hundred six of this chapter; and provided, however, that nothing in
16 this section shall apply to the medical assistance program under title
17 eleven of article five of the social services law; (xi) [indication made
18 on] transactions conducted through the patient-facing portal of an indi-
19 vidual's electronic health record; or (xii) through any other method
20 identified by the commissioner. The department shall establish a means
21 by which to register the consent given by individuals who are sixteen or
22 seventeen years of age in the donate life registry, and shall make
23 registration available by any of the methods provided in subparagraphs
24 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) and
25 (xii) of this paragraph.
26 § 4. Section 6 of a chapter of the laws of 2024 amending the public
27 health law relating to allowing patients to register in the "donate life
28 registry" through their electronic health records, as proposed in legis-
29 lative bills numbers S. 8456 and A. 7079, is amended to read as follows:
30 § 6. This act shall take effect [on the first of January next succeed-
31 ing the date on which] two years after it shall have become a law;
32 provided, however, that effective immediately any donor registrations
33 made through electronic health records shall be transmitted to the New
34 York state "donate life registry"; and provided, further, however, that
35 if chapter 758 of the laws of 2022 shall not have taken effect on or
36 before such date then sections three and five of this act shall take
37 effect on the same date and in the same manner as such chapter of the
38 laws of 2022 takes effect. Effective immediately, the commissioner of
39 health is authorized to take any actions necessary to implement the
40 provisions of this act on or before its effective date.
41 § 5. This act shall take effect immediately; provided that sections
42 one, two and three of this act shall take effect on the same date and in
43 the same manner as a chapter of the laws of 2024 amending the public
44 health law relating to allowing patients to register in the "donate life
45 registry" through their electronic health records, as proposed in legis-
46 lative bills numbers S. 8456 and A. 7079, takes effect.
