Bill Text: NY S08456 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for allowing patients to register in the "donate life registry" through their electronic health records.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed) 2024-05-14 - returned to senate [S08456 Detail]
Download: New_York-2023-S08456-Introduced.html
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. LBD11125-01-3S. 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.
