Bill Text: NY A07079 | 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 10-2)
Status: (Introduced) 2024-05-14 - substituted by s8456 [A07079 Detail]
Download: New_York-2023-A07079-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7079 2023-2024 Regular Sessions IN ASSEMBLY May 10, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11125-01-3A. 7079 2 1 to make an anatomical gift or registered in the donate life registry, 2 checking "skip this question" or failing to check a box shall not impair 3 that consent or registration. 4 (w) require that every electronic health record vendor include and 5 integrate components into their electronic health record products imple- 6 mented for general hospitals in the state regulated under article twen- 7 ty-eight of this chapter in such a manner to allow patients to register 8 in the "donate life registry" for organ, eye and tissue donations as 9 provided for under section forty-three hundred ten of this chapter. 10 Electronic health record vendors shall provide the integration of such 11 elements without additional cost under this paragraph as a component of 12 either existing or new implementations of their electronic health record 13 products. Patient facing elements of these requirements shall include 14 opportunities for patients to directly register in the "donate life 15 registry" for organ, eye and tissue donations as a component of such 16 elements. 17 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public 18 health law, as amended by chapter 37 of the laws of 2022, is amended to 19 read as follows: 20 (a) Such organ, eye and tissue registration of consent to make an 21 anatomical gift can be made through: (i) indication made on the applica- 22 tion or renewal form of a driver's license, (ii) indication made on a 23 non-driver identification card application or renewal form, (iii) indi- 24 cation made on a voter registration form pursuant to subdivision five of 25 section 5-210 of the election law, (iv) indication made on the applica- 26 tion for, or manual renewal application by an account holder of, health 27 care coverage offered through the state health benefit exchange, (v) 28 enrollment through the donate life registry website, (vi) paper enroll- 29 ment submitted to the donate life registry, (vii) indication made on the 30 application or renewal form of a hunting, fishing or trapping license 31 issued pursuant to title seven of article eleven of the environmental 32 conservation law, (viii) indication made on transactions administered by 33 the office of temporary and disability assistance through the mybene- 34 fits.ny.gov website, or any such successor website; (ix) indication made 35 on applications, renewals or related transactions for college financial 36 aid, grants, or scholarships offered or administered through any website 37 maintained by the higher education services corporation; (x) indication 38 made on transactions conducted through an individual's electronic health 39 records; or [(x)] (xi) through any other method identified by the 40 commissioner. The department shall establish a means by which to regis- 41 ter the consent given by individuals who are sixteen or seventeen years 42 of age in the donate life registry, and shall make registration avail- 43 able by any of the methods provided in subparagraphs (i), (ii), (iii), 44 (iv), (v), (vi), (vii), (viii), (ix) [and], (x) and (xi) of this para- 45 graph. 46 § 3. Paragraph (a) of subdivision 5 of section 4310 of the public 47 health law, as amended by chapter 29 of the laws of 2023, is amended to 48 read as follows: 49 (a) Such organ, eye and tissue registration of consent to make an 50 anatomical gift can be made through: (i) indication made on the applica- 51 tion or renewal form of a driver's license, (ii) indication made on a 52 non-driver identification card application or renewal form, (iii) indi- 53 cation made on a voter registration form pursuant to subdivision five of 54 section 5-210 of the election law, (iv) indication made on the applica- 55 tion for, or manual renewal application by an account holder of, health 56 care coverage offered through the NY State of Health, the officialA. 7079 3 1 Health Plan Marketplace, (v) enrollment through the donate life registry 2 website, (vi) paper enrollment submitted to the donate life registry, 3 (vii) indication made on the application or renewal form of a hunting, 4 fishing or trapping license issued pursuant to title seven of article 5 eleven of the environmental conservation law, (viii) indication made on 6 transactions administered by the office of temporary and disability 7 assistance through the mybenefits.ny.gov website, or any such successor 8 website; (ix) indication made on applications, renewals or related tran- 9 sactions for college financial aid, grants, or scholarships offered or 10 administered through any website maintained by the higher education 11 services corporation; (x) indication made by an insured and/or applicant 12 for insurance during enrollments, renewals, and the initial process for 13 an insured in setting up an online member service portal with their 14 insurer for accident and health insurance policies and contracts issued 15 pursuant to article forty-four of this chapter, article forty-two of the 16 insurance law, or article forty-three of the insurance law, excepting 17 renewals made through the NY State of Health, the official Health Plan 18 Marketplace, other than those specifically referenced in subparagraph 19 (iv) of this paragraph and paragraph (v) of subdivision one of section 20 two hundred six of this chapter; and provided, however, that nothing in 21 this section shall apply to the medical assistance program under title 22 eleven of article five of the social services law; (xi) indication made 23 on transactions conducted through an individual's electronic health 24 record; or [(xi)] (xii) through any other method identified by the 25 commissioner. The department shall establish a means by which to regis- 26 ter the consent given by individuals who are sixteen or seventeen years 27 of age in the donate life registry, and shall make registration avail- 28 able by any of the methods provided in subparagraphs (i), (ii), (iii), 29 (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi) and (xii) of this 30 paragraph. 31 § 4. Subparagraph (i) of paragraph (b) of subdivision 5 of section 32 4310 of the public health law, as amended by chapter 37 of the laws of 33 2022, is amended to read as follows: 34 (i) Where required by law for transactions described in subparagraphs 35 (i), (ii), (iv), (vii), (viii), (ix), [and] (x) and (xi) of paragraph 36 (a) of this subdivision, the commissioner shall ensure, in consultation 37 with the head of any agency required to implement such transaction, that 38 space is provided on any required form so that the applicant shall 39 register or decline registration in the donate life registry for organ, 40 eye and tissue donations under this section and that the following is 41 stated on the form in clear and conspicuous type: 42 "You must fill out the following section: Would you like to be added 43 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 44 tion'." 45 § 5. Subparagraph (i) of paragraph (b) of subdivision 5 of section 46 4310 of the public health law, as amended by chapter 758 of the laws of 47 2022, is amended to read as follows: 48 (i) Where required by law for transactions described in subparagraphs 49 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) and (xii) of para- 50 graph (a) of this subdivision, the commissioner shall ensure, in consul- 51 tation with the head of any agency required to implement such trans- 52 action, that space is provided on any required form so that the 53 applicant shall register or decline registration in the donate life 54 registry for organ, eye and tissue donations under this section and that 55 the following is stated on the form in clear and conspicuous type:A. 7079 4 1 "You must fill out the following section: Would you like to be added 2 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 3 tion'." 4 § 6. This act shall take effect on the first of January next succeed- 5 ing the date on which it shall have become a law; provided, however, 6 that if chapter 758 of the laws of 2022 shall not have taken effect on 7 or before such date then sections three and five of this act shall take 8 effect on the same date and in the same manner as such chapter of the 9 laws of 2022 takes effect. Effective immediately, the commissioner of 10 health is authorized to take any actions necessary to implement the 11 provisions of this act on or before its effective date.
