Bill Text: NY A09564 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 9564 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Extends provisions relating to requiring space for donate life registration on certain insurance forms.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2024-05-30 - substituted by s8749a [A09564 Detail]

Download: New_York-2023-A09564-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         9564--A

                   IN ASSEMBLY

                                     March 20, 2024
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on  Insurance  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the insurance law and the public health law, in relation
          to  the  provision of donate life registry enrollment forms to certain
          insureds; and to amend chapter 758 of the laws of  2022  amending  the
          public  health  law  and the insurance law relating to requiring space
          for donate life registration on certain insurance forms,  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 17 of subsection  (a)  of  section  3221  of  the
     2  insurance  law, as amended by chapter 29 of the laws of 2023, is amended
     3  to read as follows:
     4    (17) (A) Space shall be provided on any enrollment, renewal or initial
     5  online portal process setup forms required of an  insured  or  applicant
     6  for  insurance  so  that  the  insured  or applicant for insurance shall
     7  register or decline registration in the donate life registry for  organ,
     8  eye  and  tissue donations under this section of the enrollment, renewal
     9  or initial online portal process setup forms and that the  following  is
    10  stated on the form in clear and conspicuous type:
    11    "You  must  fill out the following section: Would you like to be added
    12  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    13  tion'."
    14    (B)  For  insureds and applicants for insurance that respond "yes", an
    15  insurer (or third-party administrator acting on such  insurer's  behalf)
    16  shall  provide the insured or applicant for insurance with a donate life
    17  registry enrollment form or a link to the donate life  registry  enroll-
    18  ment form website.
    19    (C)  The  superintendent,  in  consultation  with  the commissioner of
    20  health, may approve additional procedures for insurers  (or  third-party
    21  administrators) to comply with subparagraph (A) of this paragraph.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14802-02-4

        A. 9564--A                          2

     1    §  2.  Paragraph 15 of subsection (c) of section 3216 of the insurance
     2  law, as added by chapter 29 of the laws of 2023, is amended to  read  as
     3  follows:
     4     (15)  (A)  Space  shall  be  provided  on  any enrollment, renewal or
     5  initial online portal process setup forms  required  of  an  insured  or
     6  applicant  for insurance, except forms issued by the NY State of Health,
     7  the official Health Plan  Marketplace,  other  than  those  specifically
     8  referenced  in subparagraph (iv) of paragraph (a) of subdivision five of
     9  section four thousand three hundred ten and paragraph (v) of subdivision
    10  one of section two hundred six of the public health law, required of  an
    11  insured  or  applicant  for  insurance  so that the insured or applicant
    12  shall register or decline registration in the donate life  registry  for
    13  organ,  eye and tissue donations under this section of the enrollment or
    14  renewal form and that the following is stated on the form in  clear  and
    15  conspicuous type:
    16    "You  must  fill out the following section: Would you like to be added
    17  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    18  tion'."
    19    (B)  For  insureds and applicants for insurance that respond "yes", an
    20  insurer (or third-party administrator acting on such  insurer's  behalf)
    21  shall  provide the insured or applicant for insurance with a donate life
    22  registry enrollment form or a link to the donate life  registry  enroll-
    23  ment form website.
    24    (C)  The  superintendent,  in  consultation  with  the commissioner of
    25  health, may approve additional procedures for insurers  (or  third-party
    26  administrators) to comply with subparagraph (A) of this paragraph.
    27    §  3.  Subsection (o) of section 4306 of the insurance law, as amended
    28  by chapter 29 of the laws of 2023, is amended to read as follows:
    29    (o) (1) Space shall be provided on any enrollment, renewal or  initial
    30  online  portal process setup forms required of a subscriber or applicant
    31  for coverage, except forms issued by the NY State of Health,  the  offi-
    32  cial  Health  Plan Marketplace, other than those specifically referenced
    33  in subparagraph (iv) of paragraph (a) of  subdivision  five  of  section
    34  forty  three hundred ten and paragraph (v) of subdivision one of section
    35  two hundred six of the public health law,  so  that  the  subscriber  or
    36  applicant  for  coverage  shall  register or decline registration in the
    37  donate life registry for organ, eye  and  tissue  donations  under  this
    38  section  of  the  enrollment,  renewal  or initial online portal process
    39  setup forms and that the following is stated on the form  in  clear  and
    40  conspicuous type:
    41    "You  must  fill out the following section: Would you like to be added
    42  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    43  tion'."
    44    (2)  For subscribers and applicants for coverage that respond "yes", a
    45  corporation (or third-party administrator acting on  such  corporation's
    46  behalf)  shall  provide  the subscriber or applicant for coverage with a
    47  donate life registry enrollment form or a link to the donate life regis-
    48  try enrollment form website.
    49    (3) The superintendent,  in  consultation  with  the  commissioner  of
    50  health,  may  approve  additional procedures for corporations (or third-
    51  party administrators) to comply with paragraph one of this subsection.
    52    § 4. Subdivision 8 of section  4408  of  the  public  health  law,  as
    53  amended  by  chapter  29  of  the  laws  of  2023, is amended to read as
    54  follows:
    55     8. (a) Space shall be provided on any enrollment, renewal or  initial
    56  online  portal process setup forms required of a subscriber or applicant

        A. 9564--A                          3

     1  for coverage, excepting forms issued by the  NY  State  of  Health,  the
     2  official  Health  Plan Marketplace, other than those specifically refer-
     3  enced in subparagraph (iv) of  paragraph  (a)  of  subdivision  five  of
     4  section  forty-three hundred ten and paragraph (v) of subdivision one of
     5  section two hundred six of this  chapter,  so  that  the  subscriber  or
     6  applicant  for  coverage  shall  register or decline registration in the
     7  donate life registry for organ, eye  and  tissue  donations  under  this
     8  section  of  the  enrollment  or  renewal form and that the following is
     9  stated on the form in clear and conspicuous type:
    10    "You must fill out the following section: Would you like to  be  added
    11  to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
    12  tion'."
    13    (b) For subscribers and applicants for coverage that respond "yes",  a
    14  health  maintenance organization (or third-party administrator acting on
    15  such  health  maintenance  organization's  behalf)  shall  provide   the
    16  subscriber or applicant for coverage with a donate life registry enroll-
    17  ment form or a link to the donate life registry enrollment form website.
    18    (c) The superintendent of financial services, in consultation with the
    19  commissioner,  may  approve additional procedures for health maintenance
    20  organizations (or third-party administrators) to comply  with  paragraph
    21  (a) of this subdivision.
    22    §  5. Section 5 of chapter 758 of the laws of 2022 amending the public
    23  health law and the insurance law relating to requiring space for  donate
    24  life  registration  on certain insurance forms, as amended by chapter 29
    25  of the laws of 2023, is amended to read as follows:
    26    § 5. This act shall take effect [eighteen months after it  shall  have
    27  become  a  law] January 1, 2026. Effective immediately, the commissioner
    28  of health and the superintendent of financial services are authorized to
    29  promulgate any rules and regulations necessary for the implementation of
    30  this act on or before such effective date.
    31    § 6. This act shall take effect immediately;  provided  that  sections
    32  one,  two, three and four of this act shall take effect on the same date
    33  and in the same manner as chapter 758 of the laws of 2022 takes effect.