NY State Assembly Bill 2023-A9564A

Assembly Bill A9564A

2023-2024 Legislative Session

Relates to requiring space for donate life registration on certain insurance forms and providing donate life registry enrollment forms and information to certain insureds

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	print number 9564a
May 06, 2024	amend (t) and recommit to insurance
Mar 20, 2024	referred to insurance

Bill Amendments

Original

A (Active)

2023-A9564 - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221, 3216 & 4306, Ins L; amd §4408, Pub Health L; amd §5, Chap 758 of 2022

2023-A9564 - Summary

Relates to requiring space for donate life registration on certain insurance forms and providing donate life registry enrollment forms and information to certain insureds.

2023-A9564 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9564
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance 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 effective-
   ness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  17  of  subsection  (a) of section 3221 of the
 insurance law, as amended by chapter 29 of the laws of 2023, is  amended
 to read as follows:
    (17)  (A)  Space  shall  be  provided  on  any enrollment, renewal or
 initial online portal process setup forms  required  of  an  insured  or
 applicant  for  insurance so that the insured or applicant for insurance
 shall register or decline registration in the donate life  registry  for
 organ,  eye  and  tissue donations under this section of the enrollment,
 renewal or initial online  portal  process  setup  forms  and  that  the
 following is stated on the form in clear and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   (B)  FOR  INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
 INSURER (OR THIRD PARTY ADMINISTRATOR ACTING ON SUCH  INSURER'S  BEHALF)
 SHALL  PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
 REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE  REGISTRY  ENROLL-
 MENT FORM WEBSITE.
   (C)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS (OR  THIRD  PARTY
 ADMINISTRATORS) TO COMPLY WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   §  2.  Paragraph 15 of subsection (c) of section 3216 of the insurance
 law, as added by chapter 29 of the laws of 2023, is amended to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14802-01-4
 A. 9564                             2
 
    (15)  (A)  Space  shall  be  provided  on  any enrollment, renewal or
 initial online portal process setup forms  required  of  an  insured  or
 applicant  for insurance, except forms issued by the NY State of Health,
 the official Health Plan  Marketplace,  other  than  those  specifically
 referenced  in subparagraph (iv) of paragraph (a) of subdivision five of
 section four thousand three hundred ten and paragraph (v) of subdivision
 one of section two hundred six of the public health law, required of  an
 insured  or  applicant  for  insurance  so that the insured or applicant
 shall register or decline registration in the donate life  registry  for
 organ,  eye and tissue donations under this section of the enrollment or
 renewal form and that the following is stated on the form in  clear  and
 conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   (B)  FOR  INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
 INSURER (OR THIRD PARTY ADMINISTRATOR ACTING ON SUCH  INSURER'S  BEHALF)
 SHALL  PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
 REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE  REGISTRY  ENROLL-
 MENT FORM WEBSITE.
   (C)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS (OR  THIRD  PARTY
 ADMINISTRATORS) TO COMPLY WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   §  3. Section 5 of 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, as amended by chapter 29
 of the laws of 2023, is amended to read as follows:
   § 5. This act shall take effect [eighteen months after it  shall  have
 become  a  law] JANUARY 1, 2026. Effective immediately, the commissioner
 of health and the superintendent of financial services are authorized to
 promulgate any rules and regulations necessary for the implementation of
 this act on or before such effective date.
   § 4. This act shall take effect immediately.

co-Sponsors

2023-A9564A (ACTIVE) - Details

Current Committee:: Assembly Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221, 3216 & 4306, Ins L; amd §4408, Pub Health L; amd §5, Chap 758 of 2022

2023-A9564A (ACTIVE) - Summary

Relates to requiring space for donate life registration on certain insurance forms and providing donate life registry enrollment forms and information to certain insureds.

2023-A9564A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9564--A
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Paragraph 17 of subsection  (a)  of  section  3221  of  the
 insurance  law, as amended by chapter 29 of the laws of 2023, is amended
 to read as follows:
   (17) (A) Space shall be provided on any enrollment, renewal or initial
 online portal process setup forms required of an  insured  or  applicant
 for  insurance  so  that  the  insured  or applicant for insurance shall
 register or decline registration in the donate life registry for  organ,
 eye  and  tissue donations under this section of the enrollment, renewal
 or initial online portal process setup forms and that the  following  is
 stated on the form in clear and conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   (B)  FOR  INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
 INSURER (OR THIRD-PARTY ADMINISTRATOR ACTING ON SUCH  INSURER'S  BEHALF)
 SHALL  PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
 REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE  REGISTRY  ENROLL-
 MENT FORM WEBSITE.
   (C)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS  (OR  THIRD-PARTY
 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

 
   §  2.  Paragraph 15 of subsection (c) of section 3216 of the insurance
 law, as added by chapter 29 of the laws of 2023, is amended to  read  as
 follows:
    (15)  (A)  Space  shall  be  provided  on  any enrollment, renewal or
 initial online portal process setup forms  required  of  an  insured  or
 applicant  for insurance, except forms issued by the NY State of Health,
 the official Health Plan  Marketplace,  other  than  those  specifically
 referenced  in subparagraph (iv) of paragraph (a) of subdivision five of
 section four thousand three hundred ten and paragraph (v) of subdivision
 one of section two hundred six of the public health law, required of  an
 insured  or  applicant  for  insurance  so that the insured or applicant
 shall register or decline registration in the donate life  registry  for
 organ,  eye and tissue donations under this section of the enrollment or
 renewal form and that the following is stated on the form in  clear  and
 conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   (B)  FOR  INSUREDS AND APPLICANTS FOR INSURANCE THAT RESPOND "YES", AN
 INSURER (OR THIRD-PARTY ADMINISTRATOR ACTING ON SUCH  INSURER'S  BEHALF)
 SHALL  PROVIDE THE INSURED OR APPLICANT FOR INSURANCE WITH A DONATE LIFE
 REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE  REGISTRY  ENROLL-
 MENT FORM WEBSITE.
   (C)  THE  SUPERINTENDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 HEALTH, MAY APPROVE ADDITIONAL PROCEDURES FOR INSURERS  (OR  THIRD-PARTY
 ADMINISTRATORS) TO COMPLY WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   §  3.  Subsection (o) of section 4306 of the insurance law, as amended
 by chapter 29 of the laws of 2023, is amended to read as follows:
   (o) (1) Space shall be provided on any enrollment, renewal or  initial
 online  portal process setup forms required of a subscriber or applicant
 for coverage, except forms issued by the NY State of Health,  the  offi-
 cial  Health  Plan Marketplace, other than those specifically referenced
 in subparagraph (iv) of paragraph (a) of  subdivision  five  of  section
 forty  three hundred ten and paragraph (v) of subdivision one of section
 two hundred six of the public health law,  so  that  the  subscriber  or
 applicant  for  coverage  shall  register or decline registration in the
 donate life registry for organ, eye  and  tissue  donations  under  this
 section  of  the  enrollment,  renewal  or initial online portal process
 setup forms and that the following is stated on the form  in  clear  and
 conspicuous type:
   "You  must  fill out the following section: Would you like to be added
 to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
 tion'."
   (2)  FOR SUBSCRIBERS AND APPLICANTS FOR COVERAGE THAT RESPOND "YES", A
 CORPORATION (OR THIRD-PARTY ADMINISTRATOR ACTING ON  SUCH  CORPORATION'S
 BEHALF)  SHALL  PROVIDE  THE SUBSCRIBER OR APPLICANT FOR COVERAGE WITH A
 DONATE LIFE REGISTRY ENROLLMENT FORM OR A LINK TO THE DONATE LIFE REGIS-
 TRY ENROLLMENT FORM WEBSITE.
   (3) THE SUPERINTENDENT,  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
 HEALTH,  MAY  APPROVE  ADDITIONAL PROCEDURES FOR CORPORATIONS (OR THIRD-
 PARTY ADMINISTRATORS) TO COMPLY WITH PARAGRAPH ONE OF THIS SUBSECTION.
   § 4. Subdivision 8 of section  4408  of  the  public  health  law,  as
 amended  by  chapter  29  of  the  laws  of  2023, is amended to read as
 follows:
    8. (A) Space shall be provided on any enrollment, renewal or  initial
 online  portal process setup forms required of a subscriber or applicant
 A. 9564--A                          3
 
 for coverage, excepting forms issued by the  NY  State  of  Health,  the
 official  Health  Plan Marketplace, other than those specifically refer-
 enced in subparagraph (iv) of  paragraph  (a)  of  subdivision  five  of
 section  forty-three hundred ten and paragraph (v) of subdivision one of
 section two hundred six of this  chapter,  so  that  the  subscriber  or
 applicant  for  coverage  shall  register or decline registration in the
 donate life registry for organ, eye  and  tissue  donations  under  this
 section  of  the  enrollment  or  renewal form and that the following is
 stated on the form in clear and conspicuous type:
   "You must fill out the following section: Would you like to  be  added
 to  the  Donate  Life  Registry? Check box for 'yes' or 'skip this ques-
 tion'."
   (B) FOR SUBSCRIBERS AND APPLICANTS FOR COVERAGE THAT RESPOND "YES",  A
 HEALTH  MAINTENANCE ORGANIZATION (OR THIRD-PARTY ADMINISTRATOR ACTING ON
 SUCH  HEALTH  MAINTENANCE  ORGANIZATION'S  BEHALF)  SHALL  PROVIDE   THE
 SUBSCRIBER OR APPLICANT FOR COVERAGE WITH A DONATE LIFE REGISTRY ENROLL-
 MENT FORM OR A LINK TO THE DONATE LIFE REGISTRY ENROLLMENT FORM WEBSITE.
   (C) THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTATION WITH THE
 COMMISSIONER,  MAY  APPROVE ADDITIONAL PROCEDURES FOR HEALTH MAINTENANCE
 ORGANIZATIONS (OR THIRD-PARTY ADMINISTRATORS) TO COMPLY  WITH  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   §  5. Section 5 of 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, as amended by chapter 29
 of the laws of 2023, is amended to read as follows:
   § 5. This act shall take effect [eighteen months after it  shall  have
 become  a  law] JANUARY 1, 2026. Effective immediately, the commissioner
 of health and the superintendent of financial services are authorized to
 promulgate any rules and regulations necessary for the implementation of
 this act on or before such effective date.
   § 6. This act shall take effect immediately;  provided  that  sections
 one,  two, three and four of this act shall take effect on the same date
 and in the same manner as chapter 758 of the laws of 2022 takes effect.

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Assembly Bill A9564A

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