NY State Senate Bill 2023-S8749

Senate Bill S8749

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

download bill text pdf

Current Bill Status - In Senate Committee Insurance 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
Mar 07, 2024	referred to insurance

2023-S8749 (ACTIVE) - Details

See Assembly Version of this Bill:: A9564
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221 & 3216, Ins L; amd §5, Chap 758 of 2022

2023-S8749 (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-S8749 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8749

SPONSOR: BRESLIN
 
TITLE OF BILL:

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 effectiveness thereof

 
PURPOSE:

To provide insurers with specific requirements to ensure insureds and
applicants for insurance are provided with donate life registry enroll-
ment forms in a clear and consistent fashion.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 3221 of the Insurance Law to provide that for
insureds and applicants for insurance that respond "yes" to a question
about being added to the donate life registry, an insurer (or third

party administrator acting on their behalf) shall provide the insured or
applicant for insurance with a donate life registry enrollment form or
provide the insured or applicant with a link to the donate life registry
enrollment form website. Section 1 also provides that the Superintendent
of Financial Services, in consultation with the Commissioner of Health,
may approve additional compliance procedures. Section 2 amends Section
3216 of the Insurance Law to provide that for insureds and applicants
for insurance that respond "yes" to a question about being added to the
donate life registry, an insurer (or third party administrator acting on
their behalf) shall provide the insured or applicant for insurance with
a donate life registry enrollment form or provide the insured or appli-
cant with a link to the donate life registry enrollment form website.
Section 2 also provides that the Superintendent of Financial Services,
in consultation with the Commissioner of Health, may approve additional
compliance pro cedures. Section 3 amends the effective date of
provisions included in Chapter 29 of the laws of 2023 from eighteen
months to January 1, 2026.

 
JUSTIFICATION:

Lauren's Law (Chapter 758 of the Laws of 2022) requires insurers to
provide space on enrollment, renewal, or initial online portal process
setup forms for the following question: "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 question'." While the question appears
straightforward, Lauren's Law does not provide clarity about what insur-
ers are required to provide insureds or applicants for insurance if they
respond yes. This bill provides insurers with specific requirements to
ensure insureds and applicants for insurance are provided with donate
life registry enrollment forms in a clear and consistent fashion. It
also extends the deadline for compliance with Lauren's Law to January 1,
2026 to allow insurers time to make the necessary administrative and
information technology changes.

 
LEGISLATIVE HISTORY:

This is a new bill.
 
BUDGET IMPLICATIONS:

None noted.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8749 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8749
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 S. 8749                             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.

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