STATE OF NEW YORK
________________________________________________________________________
8456
IN SENATE
January 31, 2024
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to allowing patients
to register in the "donate life registry" through their electronic
health records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (v) of subdivision 1 of section 206 of the public
2 health law, as added by chapter 40 of the laws of 2016, is amended and a
3 new paragraph (w) is added to read as follows:
4 (v) require, in consultation and cooperation with the superintendent
5 of financial services, that every individual applying for health care
6 coverage through the state health benefit exchange established pursuant
7 to the federal Patient Protection and Affordable Care Act (P.L.
8 111-148), as amended by the federal Health Care and Education Reconcil-
9 iation Act of 2010 (P.L. 111-152), be provided space so that such appli-
10 cant may register in the "donate life registry" for organ, eye and
11 tissue donations under section forty-three hundred ten of this chapter
12 with the following stated in clear conspicuous type:
13 "Would you like to be added to the Donate Life Registry? Check box for
14 'yes' or 'skip this question'."
15 The commissioner shall not maintain records of any person who checks
16 "skip this question". Except where the application is made in person or
17 electronically, failure to check a box shall not impair the validity of
18 an application, and failure to check "yes" or checking "skip this ques-
19 tion" shall not be construed to imply a wish not to donate. In the case
20 of an applicant under eighteen years of age, checking "yes" shall not
21 constitute consent to make an anatomical gift or registration in the
22 donate life registry, except as otherwise provided pursuant to the
23 provisions of paragraph (b) of subdivision one of section forty-three
24 hundred one of this chapter. Where an applicant has previously consented
25 to make an anatomical gift or registered in the donate life registry,
26 checking "skip this question" or failing to check a box shall not impair
27 that consent or registration.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11125-01-3
S. 8456 2
1 (w) require that every electronic health record vendor include and
2 integrate components into their electronic health record products imple-
3 mented for general hospitals in the state regulated under article twen-
4 ty-eight of this chapter in such a manner to allow patients to register
5 in the "donate life registry" for organ, eye and tissue donations as
6 provided for under section forty-three hundred ten of this chapter.
7 Electronic health record vendors shall provide the integration of such
8 elements without additional cost under this paragraph as a component of
9 either existing or new implementations of their electronic health record
10 products. Patient facing elements of these requirements shall include
11 opportunities for patients to directly register in the "donate life
12 registry" for organ, eye and tissue donations as a component of such
13 elements.
14 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public
15 health law, as amended by chapter 37 of the laws of 2022, is amended to
16 read as follows:
17 (a) Such organ, eye and tissue registration of consent to make an
18 anatomical gift can be made through: (i) indication made on the applica-
19 tion or renewal form of a driver's license, (ii) indication made on a
20 non-driver identification card application or renewal form, (iii) indi-
21 cation made on a voter registration form pursuant to subdivision five of
22 section 5-210 of the election law, (iv) indication made on the applica-
23 tion for, or manual renewal application by an account holder of, health
24 care coverage offered through the state health benefit exchange, (v)
25 enrollment through the donate life registry website, (vi) paper enroll-
26 ment submitted to the donate life registry, (vii) indication made on the
27 application or renewal form of a hunting, fishing or trapping license
28 issued pursuant to title seven of article eleven of the environmental
29 conservation law, (viii) indication made on transactions administered by
30 the office of temporary and disability assistance through the mybene-
31 fits.ny.gov website, or any such successor website; (ix) indication made
32 on applications, renewals or related transactions for college financial
33 aid, grants, or scholarships offered or administered through any website
34 maintained by the higher education services corporation; (x) indication
35 made on transactions conducted through an individual's electronic health
36 records; or [(x)] (xi) through any other method identified by the
37 commissioner. The department shall establish a means by which to regis-
38 ter the consent given by individuals who are sixteen or seventeen years
39 of age in the donate life registry, and shall make registration avail-
40 able by any of the methods provided in subparagraphs (i), (ii), (iii),
41 (iv), (v), (vi), (vii), (viii), (ix) [and], (x) and (xi) of this para-
42 graph.
43 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public
44 health law, as amended by chapter 29 of the laws of 2023, is amended to
45 read as follows:
46 (a) Such organ, eye and tissue registration of consent to make an
47 anatomical gift can be made through: (i) indication made on the applica-
48 tion or renewal form of a driver's license, (ii) indication made on a
49 non-driver identification card application or renewal form, (iii) indi-
50 cation made on a voter registration form pursuant to subdivision five of
51 section 5-210 of the election law, (iv) indication made on the applica-
52 tion for, or manual renewal application by an account holder of, health
53 care coverage offered through the NY State of Health, the official
54 Health Plan Marketplace, (v) enrollment through the donate life registry
55 website, (vi) paper enrollment submitted to the donate life registry,
56 (vii) indication made on the application or renewal form of a hunting,
S. 8456 3
1 fishing or trapping license issued pursuant to title seven of article
2 eleven of the environmental conservation law, (viii) indication made on
3 transactions administered by the office of temporary and disability
4 assistance through the mybenefits.ny.gov website, or any such successor
5 website; (ix) indication made on applications, renewals or related tran-
6 sactions for college financial aid, grants, or scholarships offered or
7 administered through any website maintained by the higher education
8 services corporation; (x) indication made by an insured and/or applicant
9 for insurance during enrollments, renewals, and the initial process for
10 an insured in setting up an online member service portal with their
11 insurer for accident and health insurance policies and contracts issued
12 pursuant to article forty-four of this chapter, article forty-two of the
13 insurance law, or article forty-three of the insurance law, excepting
14 renewals made through the NY State of Health, the official Health Plan
15 Marketplace, other than those specifically referenced in subparagraph
16 (iv) of this paragraph and paragraph (v) of subdivision one of section
17 two hundred six of this chapter; and provided, however, that nothing in
18 this section shall apply to the medical assistance program under title
19 eleven of article five of the social services law; (xi) indication made
20 on transactions conducted through an individual's electronic health
21 record; or [(xi)] (xii) through any other method identified by the
22 commissioner. The department shall establish a means by which to regis-
23 ter the consent given by individuals who are sixteen or seventeen years
24 of age in the donate life registry, and shall make registration avail-
25 able by any of the methods provided in subparagraphs (i), (ii), (iii),
26 (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi) and (xii) of this
27 paragraph.
28 § 4. Subparagraph (i) of paragraph (b) of subdivision 5 of section
29 4310 of the public health law, as amended by chapter 37 of the laws of
30 2022, is amended to read as follows:
31 (i) Where required by law for transactions described in subparagraphs
32 (i), (ii), (iv), (vii), (viii), (ix), [and] (x) and (xi) of paragraph
33 (a) of this subdivision, the commissioner shall ensure, in consultation
34 with the head of any agency required to implement such transaction, that
35 space is provided on any required form so that the applicant shall
36 register or decline registration in the donate life registry for organ,
37 eye and tissue donations under this section and that the following is
38 stated on the form in clear and conspicuous type:
39 "You must fill out the following section: Would you like to be added
40 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
41 tion'."
42 § 5. Subparagraph (i) of paragraph (b) of subdivision 5 of section
43 4310 of the public health law, as amended by chapter 758 of the laws of
44 2022, is amended to read as follows:
45 (i) Where required by law for transactions described in subparagraphs
46 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) and (xii) of para-
47 graph (a) of this subdivision, the commissioner shall ensure, in consul-
48 tation with the head of any agency required to implement such trans-
49 action, that space is provided on any required form so that the
50 applicant shall register or decline registration in the donate life
51 registry for organ, eye and tissue donations under this section and that
52 the following is stated on the form in clear and conspicuous type:
53 "You must fill out the following section: Would you like to be added
54 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
55 tion'."
S. 8456 4
1 § 6. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law; provided, however,
3 that if chapter 758 of the laws of 2022 shall not have taken effect on
4 or before such date then sections three and five of this act shall take
5 effect on the same date and in the same manner as such chapter of the
6 laws of 2022 takes effect. Effective immediately, the commissioner of
7 health is authorized to take any actions necessary to implement the
8 provisions of this act on or before its effective date.
