S T A T E O F N E W Y O R K
________________________________________________________________________
10299--A
I N A S S E M B L Y
February 20, 2026
___________
Introduced by M. of A. TAPIA, BUTTENSCHON, SCHIAVONI, SHIMSKY, SAYEGH,
SIMONE, ROSENTHAL, LEVENBERG, DINOWITZ, HEVESI, LUPARDO, GRIFFIN,
RAJKUMAR, BRABENEC, McDONOUGH, SMULLEN, SLATER, LEMONDES, DeSTEFANO,
BROOK-KRASNY, PALMESANO, SEAWRIGHT, REYES, MAHER, KASSAY, LUNSFORD,
SEMPOLINSKI, SANTABARBARA, WEPRIN, GIGLIO, GLICK, HYNDMAN, WALSH,
K. BROWN -- read once and referred to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to allowing individ-
uals to register in the "donate life registry" through mandatory elec-
tronic personal income tax filings
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 section 2 of chapter 128 of the laws of
2025, 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) trans-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10817-06-6
A. 10299--A 2
actions conducted through the patient-facing portal of an individual's
electronic health records; [or] (xi) INDICATION MADE ON ANY PERSONAL
INCOME TAX DOCUMENT THAT IS SUBJECT TO MANDATORY ELECTRONIC FILING IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-NINE OF THE TAX LAW; OR
(XII) 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 subparagraphs (i), (ii), (iii), (iv), (v), (vi),
(vii), (viii), (ix), (x) [and], (xi) AND (XII) of this paragraph.
§ 2. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by section 3 of chapter 128 of the laws of 2025,
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,
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) transactions
conducted through the patient-facing portal of an individual's electron-
ic health record; [or] (xii) INDICATION MADE ON ANY PERSONAL INCOME TAX
DOCUMENT THAT IS SUBJECT TO MANDATORY ELECTRONIC FILING IN ACCORDANCE
WITH THE PROVISIONS OF SECTION TWENTY-NINE OF THE TAX LAW; OR (XIII)
through any other method identified by the commissioner. The department
shall establish a means by which to register the consent given by indi-
viduals 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 subparagraphs (i), (ii), (iii), (iv), (v), (vi), (vii),
(viii), (ix), (x), (xi) [and], (xii) AND (XIII) of this paragraph.
§ 3. Subparagraph (i) of paragraph (b) of subdivision 5 of section
4310 of the public health law, as amended by section 4 of chapter 662 of
the laws of 2024, is amended to read as follows:
A. 10299--A 3
(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'."
§ 4. Subparagraph (i) of paragraph (b) of subdivision 5 of section
4310 of the public health law, as amended by section 5 of chapter 662 of
the laws of 2024, is amended to read as follows:
(i) Where required by law for transactions described in subparagraphs
(i), (ii), (iv), (vii), (viii), (ix), (x), (xi) [and], (xii) AND (XIII)
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. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that if section 3 of
chapter 128 of the laws of 2025 shall not have taken effect on or before
such date then section two of this act shall take effect on the same
date and in the same manner as such section of such chapter of the laws
of 2025, takes effect; provided further, that if section 5 of chapter
662 of the laws of 2024 shall not have taken effect on or before such
date then section four of this act shall take effect on the same date
and in the same manner as such section of such chapter of the laws of
2024, 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.