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A10186 Summary:

BILL NOA10186
 
SAME ASSAME AS S08805
 
SPONSORRules (Gunther)
 
COSPNSRDinowitz, Seawright, Burgos, Reyes, McDonald, Rosenthal L, Morinello, Norris, Blankenbush, Byrne
 
MLTSPNSR
 
Amd §§4310 & 4408, Pub Health L; amd §§3221 & 4306, Ins L
 
Requires space for donate life registration on forms used for enrollment, renewal, disclosures and related health insurance policy transactions.
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A10186 Actions:

BILL NOA10186
 
05/05/2022referred to health
05/10/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.269
05/17/2022ordered to third reading rules cal.269
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO HEALTH
05/24/2022SUBSTITUTED FOR S8805
05/24/20223RD READING CAL.1343
05/24/2022PASSED SENATE
05/24/2022RETURNED TO ASSEMBLY
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A10186 Memo:

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
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A10186 Text:



 
                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.
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