NY State Senate Bill 2023-S8456

Senate Bill S8456

2023-2024 Legislative Session

Provides for allowing patients to register in the donate life registry through their electronic health records

download bill text pdf

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2024	referred to health delivered to assembly passed senate
Feb 26, 2024	advanced to third reading
Feb 14, 2024	2nd report cal.
Feb 13, 2024	1st report cal.453
Jan 31, 2024	referred to health

Votes

- Mar 19, 2024 - Floor Vote
  S8456
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 19, 2024
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
      
      The following Member(s) participated via videoconferencing: Murray
  Feb 13, 2024 - Health Committee Vote
  S8456
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 13, 2024
      
      aye (15)
      
      Ashby
      
      Brouk
      
      Felder
      
      Gallivan
      
      Hoylman-Sigal
      
      Mannion
      
      Martins
      
      May
      
      Myrie
      
      Rhoads
      
      Rivera
      
      Salazar
      
      Stec
      
      Thomas
      
      Webb

co-Sponsors

2023-S8456 (ACTIVE) - Details

See Assembly Version of this Bill:: A7079
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §§206 & 4310, Pub Health L

2023-S8456 (ACTIVE) - Summary

Provides for allowing patients to register in the "donate life registry" through their electronic health records.

2023-S8456 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8456

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to allowing patients
to register in the "donate life registry" through their electronic
health records

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide the opportunity for New Yorkers to be able to register in the
state's Donate Life New York State organ donation registry through
interactions through an individual's electronic health record.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (v) of subdivision 1 of section 206 of the
Public Health Law, as it relates to the powers of the commissioner. A
new paragraph (v) is added to require electronic health record ("EHR")
products implemented for Article 28 general hospital facilities in New
York to include an integrated opportunity to register in the state's

donate life registry as an organ donor. EHR vendors would provide the
integration and deployment of this aspect of their product at no addi-
tional cost to hospitals or health systems.

Section 2 amends paragraph (a) of subdivision 5 of section 4310 of the
Public Health Law, as it relates to the methods by which individuals may
register to make an anatomical gift in New York state and adds to
subparagraph (x) by making conforming changes allowing for registration
through an individual's electronic health record.

Section 3 amends paragraph (a) of subdivision 5 of section 4310 of the
public health law as it relates to methods by which individuals may
register to make an anatomical gift in New York state. The amendments
make conforming changes to allow for registrations through an individ-
ual's electronic health record.

Section 4 amends subparagraph (i) of paragraph (b) of subdivision 5 of
section 4310 of Public Health Law, by adding a new subparagraph (xi) to
retain existing authority for the commissioner to provide for other
methods of registration.

Section 5 amends subparagraph (i) of paragraph (b) of subdivision 5 of
section 4310 of Public Health Law, by adding (ix) to retain existing
authority for the commissioner to provide for other methods of registra-
tion.

Section 6 provides for an effective date.

 
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 in 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 organ and tissue donors.

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.
This legislation integrates the donor designation question into Inter-
actions an individual has through their electronic health record at
Article 28 general hospitals in New York State and provides the inte-
gration of that opportunity for hospitals at limited cost to facilities
and health systems. Allowing New Yorkers to join the Registry during the
initial process for an insured individual in setting up an online member
service portal with their insurer offers an ideal venue, as they are
already considering healthcare options and choices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of January succeeding the date
that it shall have become a law.

2023-S8456 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8456
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to allowing  patients
   to  register  in  the  "donate life registry" through their electronic
   health records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (v) of subdivision 1 of section 206 of the public
 health law, as added by chapter 40 of the laws of 2016, is amended and a
 new paragraph (w) is added to read as follows:
   (v)  require,  in consultation and cooperation with the superintendent
 of financial services, that every individual applying  for  health  care
 coverage  through the state health benefit exchange established pursuant
 to  the  federal  Patient  Protection  and  Affordable  Care  Act  (P.L.
 111-148),  as amended by the federal Health Care and Education Reconcil-
 iation Act of 2010 (P.L. 111-152), be provided space so that such appli-
 cant may register in the "donate  life  registry"  for  organ,  eye  and
 tissue  donations  under section forty-three hundred ten of this chapter
 with the following stated in clear conspicuous type:
   "Would you like to be added to the Donate Life Registry? Check box for
 'yes' or 'skip this question'."
   The commissioner shall not maintain records of any person  who  checks
 "skip  this question". Except where the application is made in person or
 electronically, failure to check a box shall not impair the validity  of
 an  application, and failure to check "yes" or checking "skip this ques-
 tion" shall not be construed to imply a wish not to donate. In the  case
 of  an  applicant  under eighteen years of age, checking "yes" shall not
 constitute consent to make an anatomical gift  or  registration  in  the
 donate  life  registry,  EXCEPT  AS  OTHERWISE  PROVIDED PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE  OF  SECTION  FORTY-THREE
 HUNDRED ONE OF THIS CHAPTER. Where an applicant has previously consented
 to  make  an  anatomical gift or registered in the donate life registry,
 checking "skip this question" or failing to check a box shall not impair
 that consent or registration.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11125-01-3
 S. 8456                             2
 
   (W) REQUIRE THAT EVERY ELECTRONIC HEALTH  RECORD  VENDOR  INCLUDE  AND
 INTEGRATE COMPONENTS INTO THEIR ELECTRONIC HEALTH RECORD PRODUCTS IMPLE-
 MENTED FOR GENERAL HOSPITALS IN THE STATE REGULATED  UNDER ARTICLE TWEN-
 TY-EIGHT  OF THIS CHAPTER IN SUCH A MANNER TO ALLOW PATIENTS TO REGISTER
 IN  THE  "DONATE  LIFE  REGISTRY" FOR ORGAN, EYE AND TISSUE DONATIONS AS
 PROVIDED FOR UNDER SECTION FORTY-THREE  HUNDRED  TEN  OF  THIS  CHAPTER.
 ELECTRONIC  HEALTH  RECORD VENDORS SHALL PROVIDE THE INTEGRATION OF SUCH
 ELEMENTS WITHOUT ADDITIONAL COST UNDER THIS PARAGRAPH AS A COMPONENT  OF
 EITHER EXISTING OR NEW IMPLEMENTATIONS OF THEIR ELECTRONIC HEALTH RECORD
 PRODUCTS.  PATIENT  FACING  ELEMENTS OF THESE REQUIREMENTS SHALL INCLUDE
 OPPORTUNITIES FOR PATIENTS TO DIRECTLY  REGISTER  IN  THE  "DONATE  LIFE
 REGISTRY"  FOR  ORGAN,  EYE  AND TISSUE DONATIONS AS A COMPONENT OF SUCH
 ELEMENTS.
   § 2. Paragraph (a) of subdivision 5 of  section  4310  of  the  public
 health  law, as amended by chapter 37 of the laws of 2022, 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, (v)
 enrollment through the donate life registry website, (vi) paper  enroll-
 ment submitted to the donate life registry, (vii) indication made on the
 application  or  renewal  form of a hunting, fishing or trapping license
 issued pursuant to title seven of article eleven  of  the  environmental
 conservation law, (viii) indication made on transactions administered by
 the  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 ON TRANSACTIONS CONDUCTED THROUGH AN INDIVIDUAL'S ELECTRONIC HEALTH
 RECORDS; or [(x)] (XI)  through  any  other  method  identified  by  the
 commissioner.  The department shall establish a means by which to regis-
 ter the consent given by individuals who are sixteen or seventeen  years
 of  age  in the donate life registry, and shall make registration avail-
 able by any of the methods provided in subparagraphs (i),  (ii),  (iii),
 (iv),  (v),  (vi), (vii), (viii), (ix) [and], (x) AND (XI) of this para-
 graph.
   § 3. Paragraph (a) of subdivision 5 of  section  4310  of  the  public
 health  law, as amended by chapter 29 of the laws of 2023, 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  NY  State of Health, the official
 Health Plan Marketplace, (v) enrollment through the donate life registry
 website, (vi) paper enrollment submitted to the  donate  life  registry,
 (vii)  indication  made on the application or renewal form of a hunting,
 S. 8456                             3
 
 fishing or trapping license issued pursuant to title  seven  of  article
 eleven  of the environmental conservation law, (viii) indication made on
 transactions administered by the  office  of  temporary  and  disability
 assistance  through the mybenefits.ny.gov website, or any such successor
 website; (ix) indication made on applications, renewals or related tran-
 sactions for college financial aid, grants, or scholarships  offered  or
 administered  through  any  website  maintained  by the higher education
 services corporation; (x) indication made by an insured and/or applicant
 for insurance during enrollments, renewals, and the initial process  for
 an  insured  in  setting  up  an online member service portal with their
 insurer for accident and health insurance policies and contracts  issued
 pursuant to article forty-four of this chapter, article forty-two of the
 insurance  law,  or  article forty-three of the insurance law, excepting
 renewals made through the NY State of Health, the official  Health  Plan
 Marketplace,  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; (XI) INDICATION MADE
 ON TRANSACTIONS CONDUCTED  THROUGH  AN  INDIVIDUAL'S  ELECTRONIC  HEALTH
 RECORD;  or  [(xi)]  (XII)  through  any  other method identified by the
 commissioner. The department shall establish a means by which to  regis-
 ter  the consent given by individuals who are sixteen or seventeen years
 of age in the donate life registry, and shall make  registration  avail-
 able  by  any of the methods provided in subparagraphs (i), (ii), (iii),
 (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi) AND (XII) of  this
 paragraph.
   §  4.  Subparagraph  (i)  of paragraph (b) of subdivision 5 of section
 4310 of the public health law, as amended by chapter 37 of the  laws  of
 2022, is amended to read as follows:
   (i)  Where required by law for transactions described in subparagraphs
 (i), (ii), (iv), (vii), (viii), (ix), [and] (x) AND  (XI)  of  paragraph
 (a)  of this subdivision, the commissioner shall ensure, in consultation
 with the head of any agency required to implement such transaction, that
 space is provided on any required  form  so  that  the  applicant  shall
 register  or decline registration in the donate life registry for organ,
 eye and tissue donations under this section 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.  Subparagraph  (i)  of paragraph (b) of subdivision 5 of section
 4310 of the public health law, as amended by chapter 758 of the laws  of
 2022, is amended to read as follows:
   (i)  Where required by law for transactions described in subparagraphs
 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) AND (XII) of para-
 graph (a) of this subdivision, the commissioner shall ensure, in consul-
 tation with the head of any agency required  to  implement  such  trans-
 action,  that  space  is  provided  on  any  required  form  so that the
 applicant shall register or decline  registration  in  the  donate  life
 registry for organ, eye and tissue donations under this section 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'."
 S. 8456                             4

   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  if  chapter 758 of the laws of 2022 shall not have taken effect on
 or before such date then sections three and five of this act shall  take
 effect  on  the  same date and in the same manner as such chapter of the
 laws of 2022 takes effect. Effective immediately,  the  commissioner  of
 health  is  authorized  to  take  any actions necessary to implement the
 provisions of this act on or before its effective date.

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Senate Bill S8456

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Sponsored By

Gustavo Rivera