S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    839
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the insurance law, in relation
   to requiring space for donate life registration in the initial process
   of setting up an online member service portal with an insurer; and  to
   amend a chapter of the laws of 2022 amending the public health law and
   the  insurance  law relating to requiring space for donate life regis-
   tration on certain insurance forms, as proposed in  legislative  bills
   numbers S. 8805 and A. 10186, 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 (a) of subdivision  5  of  section  4310  of  the
 public  health law, as amended by a chapter 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 proposed in
 legislative bills numbers S. 8805 and A. 10186, is amended  to  read  as
 follows:
   (a)  Such  organ,  eye  and  tissue registration of consent to make an
 anatomical gift can be made through: (i) indication made on the applica-
 tion or renewal form of a driver's license, (ii) indication  made  on  a
 non-driver  identification card application or renewal form, (iii) indi-
 cation made on a voter registration form pursuant to subdivision five of
 section 5-210 of the election law, (iv) indication made on the  applica-
 tion  for, or manual renewal application by an account holder of, health
 care coverage offered through the [state  health  benefit  exchange]  NY
 STATE  OF  HEALTH,  THE OFFICIAL HEALTH PLAN MARKETPLACE, (v) enrollment
 through the donate life registry website, (vi) paper enrollment  submit-
 ted  to  the donate life registry, (vii) indication made on the applica-
 tion or renewal form of a hunting, fishing or  trapping  license  issued
 pursuant to title seven of article eleven of the environmental conserva-
 tion  law,  (viii)  indication  made on transactions administered by the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04032-01-3
              

 S. 839                              2
 
 office of  temporary  and  disability  assistance  through  the  mybene-
 fits.ny.gov website, or any such successor website; (ix) indication made
 on  applications, renewals or related transactions for college financial
 aid, grants, or scholarships offered or administered through any website
 maintained  by the higher education services corporation; (x) indication
 made by [eligible individuals] AN INSURED AND/OR APPLICANT FOR INSURANCE
 during enrollments,  renewals,  and  [other  related  transactions]  THE
 INITIAL  PROCESS  FOR  AN INSURED IN SETTING UP AN ONLINE MEMBER SERVICE
 PORTAL WITH THEIR INSURER for ACCIDENT  AND  health  insurance  policies
 [covered  under this] AND CONTRACTS ISSUED PURSUANT TO article[, section
 three thousand two hundred sixteen] FORTY-FOUR OF THIS CHAPTER,  ARTICLE
 FORTY-TWO  of  the insurance law, or [section three thousand two hundred
 twenty-one] ARTICLE FORTY-THREE of the insurance law, EXCEPTING RENEWALS
 MADE THROUGH THE NY STATE OF HEALTH, THE OFFICIAL  HEALTH  PLAN  MARKET-
 PLACE,  OTHER THAN THOSE SPECIFICALLY REFERENCED IN SUBPARAGRAPH (IV) OF
 THIS PARAGRAPH AND PARAGRAPH (V)  OF  SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED SIX OF THIS CHAPTER; AND PROVIDED, HOWEVER, THAT NOTHING IN THIS
 SECTION SHALL APPLY TO THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN
 OF  ARTICLE  FIVE  OF THE SOCIAL SERVICES LAW; or (xi) through any other
 method identified by the commissioner. The department shall establish  a
 means  by  which  to  register  the consent given by individuals who are
 sixteen or seventeen years of age in the donate life registry, and shall
 make registration available by any of the methods provided  in  subpara-
 graphs  (i),  (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and
 (xi) of this paragraph.
   § 2. Subdivision 8 of section 4408 of the public health law, as  added
 by  a chapter 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 proposed in legislative bills numbers S.
 8805 and A. 10186, is amended to read as follows:
   8. Space shall be  provided  on  any  [form]  ENROLLMENT,  RENEWAL  OR
 INITIAL  ONLINE  PORTAL  PROCESS  SETUP  FORMS required of [enrollees] A
 SUBSCRIBER OR APPLICANT FOR COVERAGE, EXCEPTING 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  SUBDI-
 VISION  FIVE  OF  SECTION  FORTY-THREE  HUNDRED TEN AND PARAGRAPH (V) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THIS CHAPTER, so that  the
 [eligible  individual] SUBSCRIBER OR APPLICANT FOR COVERAGE shall regis-
 ter 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 conspicu-
 ous 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'."
   § 3. Paragraph 17 of subsection (a) of section 3221 of  the  insurance
 law,  as  added  by  a  chapter  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 proposed in legislative
 bills numbers S. 8805 and A. 10186, is amended to read as follows:
   (17)  Space  shall  be  provided  on any [form] ENROLLMENT, RENEWAL OR
 INITIAL ONLINE PORTAL PROCESS SETUP FORMS  required  of  [enrollees]  AN
 INSURED  OR  APPLICANT  FOR  INSURANCE so that the [eligible individual]
 INSURED OR APPLICANT FOR INSURANCE shall register or  decline  registra-
 tion  in  the  donate  life registry for organ, eye and tissue donations
 under this section OF THE ENROLLMENT, RENEWAL OR INITIAL  ONLINE  PORTAL
 S. 839                              3
 
 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'."
   §  4. Subsection (o) of section 4306 of the insurance law, as added by
 a chapter 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 proposed in legislative bills numbers  S.
 8805 and A. 10186, is amended to read as follows:
   (o)  Space  shall  be  provided  on  any [form] ENROLLMENT, RENEWAL OR
 INITIAL ONLINE PORTAL PROCESS SETUP  FORMS  required  of  [enrollees]  A
 SUBSCRIBER  OR  APPLICANT  FOR  COVERAGE,  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 SUBDI-
 VISION 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 [eligible individual]  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'."
   § 5. Subsection (c) of section 3216 of the insurance law is amended by
 adding a new paragraph 15 to read as follows:
   (15) 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  OFFI-
 CIAL  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 REGIS-
 TER 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 CONSPICU-
 OUS 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'."
   § 6. Section 5 of a chapter 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 proposed in legislative
 bills numbers S. 8805 and A. 10186, is amended to read as follows:
   § 5. This act shall take effect [on the  one  hundred  eightieth  day]
 EIGHTEEN  MONTHS  after  it shall have become a law[; provided, however,
 that if chapter 743 of the laws of 2021 shall not have taken  effect  on
 or before such date then this act shall take effect on the same date and
 in  the  same  manner as such chapter of the laws of 2021 takes effect].
 Effective immediately, the commissioner of health[, in conjunction with]
 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.
 S. 839                              4
 
   §  7.  This  act  shall take effect immediately; provided however that
 sections one, two, three, four, and five of this act shall  take  effect
 on the same date and in the same manner as a chapter of the laws of 2022
 amending the public health law and the insurance law relating to requir-
 ing  space  for  donate life registration on certain insurance forms, as
 proposed in legislative bills  numbers  S.  8805  and  A.  10186,  takes
 effect.