NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10186
SPONSOR: Rules (Gunther) TITLE OF BILL:
An act to amend the public health law and the insurance law, in relation
to requiring space for donate life registration on certain insurance
forms
PURPOSE:
To provide increased opportunities for New Yorkers to document their
decision to give the gift of life and enroll as an organ and tissue
donor in the New York State Donate Life Registry during the process of
enrolling in and managing health insurance.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 5 of Section 4310 of the
Public Health Law, as separately amended by chapters 40 and 248 of the
laws of 2016, to allow for registration of organ donors upon certain
health insurance forms.
Section 2 amends subdivision (c) of Section 3216 of the insurance law to
allow for registration of organ donors upon certain health insurance
forms.
Section 3 amends subdivision (a) of Section 3221 of the insurance law to
allow for registration of organ donors upon certain health insurance
forms.
Section 4 adds a new subdivision 8 to Section 4408 of the public health
law to allow for registration of organ donors upon certain health insur-
ance forms.
Section 5 adds a new subdivision (p) to Section 4306 of the insurance
law to allow for registration of organ donors upon certain health insur-
ance forms.
Section 6 sets for the enacting clause, directing the legislation to
take effect 180 days after becoming law.
JUSTIFICATION:
Over the past decade, New York State has pioneered new and innovative
opportunities for individuals to elect to enroll as organ, eye and
tissue donors. New York was the first state in the nation to include the
lifesaving donor designation question in: the application processes for
voter registration, the New York State of Health insurance marketplace,
the New York City Municipal identification cards, and professional
applications processed through the Department of State. In 2021, the
legislature expanded this list to include benefits transactions through
certain websites operated by the Office of Temporary and Disability
Assistance, and the Higher Education Services Corporation applications
for tuition assistance and scholarships. The impact of these efforts on
the state's Donate Life Registry enrollments has been significant
between 2010 and 2021, Registry growth exceeded projections by 26%,
resulting an additional 1.4 million enrollments beyond what was fore-
casted prior to enacting these policy changes.
There continues to be an underlying need for further opportunities in
New York, highlighted by a critical shortage of organs for transplant
leaving an estimated 8,400 men, women and children waiting every day for
their lifesaving gift. Nearly 1,300 people in New York State have been
waiting on the national transplant waiting list for more than five
years. In 2021 alone, sadly, nearly 500 New Yorkers died in part due to
the pronounced shortage of donors. To help address these shortages, New
York State needs to continue its legacy of adopting ground-breaking
policies creating new and frequent opportunities for New Yorkers to
register their consent to be an organ and tissue donor.
Expanding opportunities for New Yorkers to enroll as organ, eye, and
tissue donors has proven time and again as an effective, common sense
approach to addressing low participation rates in the state's Registry.
As illustrated by the successful inclusion in the New York State of
Health Insurance Exchange, this legislation integrates the donor desig-
nation question into administrative processes and related transactions
by which individuals obtain and renew health insurance coverage. Allow-
ing New Yorkers to join the Registry during the process of enrolling in
and managing their health insurance offers an ideal venue, as they are
already considering healthcare options and choices.
The donation and transplant community strongly encourages support. of
the legislation, which will provide millions of New Yorkers with new and
regular access to opportunities to document their decision to make an
anatomical gift upon their passing. By making these vital policy chang-
es, New York takes yet another bold and significant step toward provid-
ing a lifesaving transplant for every New Yorker in need.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law
STATE OF NEW YORK
________________________________________________________________________
10186
IN ASSEMBLY
May 5, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
read once and referred to the Committee on Health
AN ACT to amend the public health law and the insurance law, in relation
to requiring space for donate life registration on certain insurance
forms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) and subparagraph (i) of paragraph (b) of
2 subdivision 5 of section 4310 of the public health law, as amended by
3 chapter 37 of the laws of 2022, are amended to read as follows:
4 (a) Such organ, eye and tissue registration of consent to make an
5 anatomical gift can be made through: (i) indication made on the applica-
6 tion or renewal form of a driver's license, (ii) indication made on a
7 non-driver identification card application or renewal form, (iii) indi-
8 cation made on a voter registration form pursuant to subdivision five of
9 section 5-210 of the election law, (iv) indication made on the applica-
10 tion for, or manual renewal application by an account holder of, health
11 care coverage offered through the state health benefit exchange, (v)
12 enrollment through the donate life registry website, (vi) paper enroll-
13 ment submitted to the donate life registry, (vii) indication made on the
14 application or renewal form of a hunting, fishing or trapping license
15 issued pursuant to title seven of article eleven of the environmental
16 conservation law, (viii) indication made on transactions administered by
17 the office of temporary and disability assistance through the mybene-
18 fits.ny.gov website, or any such successor website; (ix) indication made
19 on applications, renewals or related transactions for college financial
20 aid, grants, or scholarships offered or administered through any website
21 maintained by the higher education services corporation; [or] (x) indi-
22 cation made by eligible individuals during enrollments, renewals, and
23 other related transactions for health insurance policies covered under
24 this article, section three thousand two hundred sixteen of the insur-
25 ance law, or section three thousand two hundred twenty-one of the insur-
26 ance law; or (xi) through any other method identified by the commission-
27 er. The department shall establish a means by which to register the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15342-01-2
A. 10186 2
1 consent given by individuals who are sixteen or seventeen years of age
2 in the donate life registry, and shall make registration available by
3 any of the methods provided in subparagraphs (i), (ii), (iii), (iv),
4 (v), (vi), (vii), (viii), (ix) [and], (x) and (xi) of this paragraph.
5 (i) Where required by law for transactions described in subparagraphs
6 (i), (ii), (iv), (vii), (viii), (ix), [and] (x) and (xi) of paragraph
7 (a) of this subdivision, the commissioner shall ensure, in consultation
8 with the head of any agency required to implement such transaction, that
9 space is provided on any required form so that the applicant shall
10 register or decline registration in the donate life registry for organ,
11 eye and tissue donations under this section and that the following is
12 stated on the form in clear and conspicuous type:
13 "You must fill out the following section: Would you like to be added
14 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
15 tion'."
16 § 2. Section 4408 of the public health law is amended by adding a new
17 subdivision 8 to read as follows:
18 8. Space shall be provided on any form required of enrollees so that
19 the eligible individual shall register or decline registration in the
20 donate life registry for organ, eye and tissue donations under this
21 section and that the following is stated on the form in clear and
22 conspicuous type:
23 "You must fill out the following section: Would you like to be added
24 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
25 tion'."
26 § 3. Subsection (a) of section 3221 of the insurance law is amended by
27 adding a new paragraph 17 to read as follows:
28 (17) Space shall be provided on any form required of enrollees so that
29 the eligible individual shall register or decline registration in the
30 donate life registry for organ, eye and tissue donations under this
31 section and that the following is stated on the form in clear and
32 conspicuous type:
33 "You must fill out the following section: Would you like to be added
34 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
35 tion'."
36 § 4. Section 4306 of the insurance law is amended by adding a new
37 subsection (o) to read as follows:
38 (o) Space shall be provided on any form required of enrollees so that
39 the eligible individual shall register or decline registration in the
40 donate life registry for organ, eye and tissue donations under this
41 section and that the following is stated on the form in clear and
42 conspicuous type:
43 "You must fill out the following section: Would you like to be added
44 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
45 tion'."
46 § 5. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law; provided, however, that if chapter 743 of
48 the laws of 2021 shall not have taken effect on or before such date then
49 this act shall take effect on the same date and in the same manner as
50 such chapter of the laws of 2021 takes effect. Effective immediately,
51 the commissioner of health, in conjunction with the superintendent of
52 financial services, are authorized to promulgate any rules and regu-
53 lations necessary for the implementation of this act on or before such
54 effective date.
