Bill Text: NY A09922 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires that patients be presented the opportunity to register to make an anatomical gift in the "donate life registry" for organ, eye and tissue donations during health care visits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-26 - referred to health [A09922 Detail]
Download: New_York-2023-A09922-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9922 IN ASSEMBLY April 26, 2024 ___________ Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to providing the opportunity for patients to register to make an anatomical gift during health care visits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (i) of subdivision 1 of section 2803 of the 2 public health law, as added by chapter 47 of the laws of 1997, is 3 amended to read as follows: 4 (i) [The statement] Compliance regarding patient rights and responsi- 5 bilities, required pursuant to paragraph (g) of this subdivision, shall 6 include provisions informing the patient of [his or her] such patient's 7 right to make organ, tissue or whole body donations, [and] in addition 8 to providing the means and presenting the opportunity by which the 9 patient may register in the "donate life registry" for organ, eye and 10 tissue donations as provided for under section forty-three hundred ten 11 of this chapter to register to make such [a donation] an anatomical gift 12 as a part of intake or discharge processes at the site of care delivery, 13 during the patient's episode of care. The commissioner shall promulgate 14 any rules and regulations necessary to implement the provisions of this 15 paragraph. 16 § 2. Paragraph p of subdivision 3 of section 2803-c of the public 17 health law, as added by chapter 47 of the laws of 1997, is amended to 18 read as follows: 19 p. [A] Every patient shall be provided a statement informing the 20 patient of [his or her] such patient's right to make organ, tissue or 21 whole body donations, [and] in addition to providing the means and 22 presenting the opportunity by which the patient may register in the 23 "donate life registry" for organ, eye and tissue donations as provided 24 for under section forty-three hundred ten of this chapter to register to 25 make [such a donation] an anatomical gift as part of intake or discharge 26 processes at the site of care delivery, during such patient's episode of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14726-02-4A. 9922 2 1 care. The commissioner shall promulgate any rules and regulations 2 necessary to implement the provisions of this paragraph. 3 § 3. Section 2984 of the public health law is amended by adding a new 4 subdivision 6 to read as follows: 5 6. A health care provider shall ensure that every patient shall be 6 provided a statement informing the patient of such patient's right to 7 make organ, tissue or whole body donations, in addition to providing the 8 means and presenting the opportunity by which such patient may register 9 in the "donate life registry" for organ, eye and tissue donations as 10 provided for under section forty-three hundred ten of this chapter to 11 register to make such an anatomical gift during such patient's episode 12 of care. 13 § 4. Paragraph (a) and subparagraph (i) of paragraph (b) of subdivi- 14 sion 5 of section 4310 of the public health law, as amended by chapter 15 37 of the laws of 2022, are amended to read as follows: 16 (a) Such organ, eye and tissue registration of consent to make an 17 anatomical gift can be made through: (i) indication made on the applica- 18 tion or renewal form of a driver's license, (ii) indication made on a 19 non-driver identification card application or renewal form, (iii) indi- 20 cation made on a voter registration form pursuant to subdivision five of 21 section 5-210 of the election law, (iv) indication made on the applica- 22 tion for, or manual renewal application by an account holder of, health 23 care coverage offered through the state health benefit exchange, (v) 24 enrollment through the donate life registry website, (vi) paper enroll- 25 ment submitted to the donate life registry, (vii) indication made on the 26 application or renewal form of a hunting, fishing or trapping license 27 issued pursuant to title seven of article eleven of the environmental 28 conservation law, (viii) indication made on transactions administered by 29 the office of temporary and disability assistance through the mybene- 30 fits.ny.gov website, or any such successor website; (ix) indication made 31 on applications, renewals or related transactions for college financial 32 aid, grants, or scholarships offered or administered through any website 33 maintained by the higher education services corporation; [or] (x) indi- 34 cation made pursuant to either paragraph (p) of subdivision three of 35 section twenty-eight hundred three-c, or paragraph (i) of subdivision 36 one of section twenty-eight hundred of this chapter; or (xi) through any 37 other method identified by the commissioner. The department shall estab- 38 lish a means by which to register the consent given by individuals who 39 are sixteen or seventeen years of age in the donate life registry, and 40 shall make registration available by any of the methods provided in 41 subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix) 42 [and], (x), and (xi) of this paragraph. 43 (i) Where required by law for transactions described in subparagraphs 44 (i), (ii), (iv), (vii), (viii), (ix), [and] (x), and (xi) of paragraph 45 (a) of this subdivision, the commissioner shall ensure, in consultation 46 with the head of any agency required to implement such transaction, that 47 space is provided on any required form so that the applicant shall 48 register or decline registration in the donate life registry for organ, 49 eye and tissue donations under this section and that the following is 50 stated on the form in clear and conspicuous type: 51 "You must fill out the following section: Would you like to be added 52 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 53 tion'." 54 § 5. Paragraph (a) of subdivision 5 of section 4310 of the public 55 health law, as amended by chapter 29 of the laws of 2023, is amended to 56 read as follows:A. 9922 3 1 (a) Such organ, eye and tissue registration of consent to make an 2 anatomical gift can be made through: (i) indication made on the applica- 3 tion or renewal form of a driver's license, (ii) indication made on a 4 non-driver identification card application or renewal form, (iii) indi- 5 cation made on a voter registration form pursuant to subdivision five of 6 section 5-210 of the election law, (iv) indication made on the applica- 7 tion for, or manual renewal application by an account holder of, health 8 care coverage offered through the NY State of Health, the official 9 Health Plan Marketplace, (v) enrollment through the donate life registry 10 website, (vi) paper enrollment submitted to the donate life registry, 11 (vii) indication made on the application or renewal form of a hunting, 12 fishing or trapping license issued pursuant to title seven of article 13 eleven of the environmental conservation law, (viii) indication made on 14 transactions administered by the office of temporary and disability 15 assistance through the mybenefits.ny.gov website, or any such successor 16 website; (ix) indication made on applications, renewals or related tran- 17 sactions for college financial aid, grants, or scholarships offered or 18 administered through any website maintained by the higher education 19 services corporation; (x) indication made by an insured and/or applicant 20 for insurance during enrollments, renewals, and the initial process for 21 an insured in setting up an online member service portal with their 22 insurer for accident and health insurance policies and contracts issued 23 pursuant to article forty-four of this chapter, article forty-two of the 24 insurance law, or article forty-three of the insurance law, excepting 25 renewals made through the NY State of Health, the official Health Plan 26 Marketplace, other than those specifically referenced in subparagraph 27 (iv) of this paragraph and paragraph (v) of subdivision one of section 28 two hundred six of this chapter; and provided, however, that nothing in 29 this section shall apply to the medical assistance program under title 30 eleven of article five of the social services law; [or] (xi) indication 31 made pursuant to either paragraph (p) of subdivision three of section 32 twenty-eight hundred three-c, or paragraph (i) of subdivision one of 33 section twenty-eight hundred of this chapter; or (xii) through any other 34 method identified by the commissioner. The department shall establish a 35 means by which to register the consent given by individuals who are 36 sixteen or seventeen years of age in the donate life registry, and shall 37 make registration available by any of the methods provided in subpara- 38 graphs (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) 39 [and], (xi), and (xii) of this paragraph. 40 § 6. Subparagraph (i) of paragraph (b) of subdivision 5 of section 41 4310 of the public health law, as amended by chapter 758 of the laws of 42 2022, is amended to read as follows: 43 (i) Where required by law for transactions described in subparagraphs 44 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi), and (xii) of 45 paragraph (a) of this subdivision, the commissioner shall ensure, in 46 consultation with the head of any agency required to implement such 47 transaction, that space is provided on any required form so that the 48 applicant shall register or decline registration in the donate life 49 registry for organ, eye and tissue donations under this section and that 50 the following is stated on the form in clear and conspicuous type: 51 "You must fill out the following section: Would you like to be added 52 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 53 tion'." 54 § 7. This act shall take effect on the first of January next succeed- 55 ing the date on which it shall have become a law; provided, however, 56 that if chapter 29 of the laws of 2023 shall not have taken effect on orA. 9922 4 1 before such date then sections five and six of this act shall take 2 effect on the same date and in the same manner as such chapter of the 3 laws of 2023, takes effect. Effective immediately, the addition, amend- 4 ment and/or repeal of any rule or regulation necessary for the implemen- 5 tation of this act on its effective date are authorized to be made and 6 completed on or before such effective date.
