Senate Bill S8841

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8841
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 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  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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10817-04-5
 S. 8841                             2
 
 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:
   (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
 S. 8841                             3
 
 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.