STATE OF NEW YORK ________________________________________________________________________ 7011 2025-2026 Regular Sessions IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. TAPIA -- read once and referred 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 tax filings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 5 of section 4310 of the 2 public health law, as amended by section 2 of chapter 662 of the laws of 3 2024, is amended to read as follows: 4 (a) Such organ, eye and tissue registration of consent to make an 5 anatomical gift can be made through: (i) indication made on the applica- 6 tion or renewal form of a driver's license, (ii) indication made on a 7 non-driver identification card application or renewal form, (iii) indi- 8 cation made on a voter registration form pursuant to subdivision five of 9 section 5-210 of the election law, (iv) indication made on the applica- 10 tion for, or manual renewal application by an account holder of, health 11 care coverage offered through the state health benefit exchange, (v) 12 enrollment through the donate life registry website, (vi) paper enroll- 13 ment submitted to the donate life registry, (vii) indication made on the 14 application or renewal form of a hunting, fishing or trapping license 15 issued pursuant to title seven of article eleven of the environmental 16 conservation law, (viii) indication made on transactions administered by 17 the office of temporary and disability assistance through the mybene- 18 fits.ny.gov website, or any such successor website; (ix) indication made 19 on applications, renewals or related transactions for college financial 20 aid, grants, or scholarships offered or administered through any website 21 maintained by the higher education services corporation; (x) indication 22 made on transactions conducted through an individual's electronic health 23 records; [or] (xi) indication made on any tax document that is subject 24 to mandatory electronic filing in accordance with the provisions of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10817-01-5
A. 7011 2 1 section twenty-nine of the tax law; or (xii) through any other method 2 identified by the commissioner. The department shall establish a means 3 by which to register the consent given by individuals who are sixteen or 4 seventeen years of age in the donate life registry, and shall make 5 registration available by any of the methods provided in subparagraphs 6 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) [and], (xi) 7 and (xii) of this paragraph. 8 § 2. Paragraph (a) of subdivision 5 of section 4310 of the public 9 health law, as amended by section 3 of chapter 662 of the laws of 2024, 10 is amended to read as follows: 11 (a) Such organ, eye and tissue registration of consent to make an 12 anatomical gift can be made through: (i) indication made on the applica- 13 tion or renewal form of a driver's license, (ii) indication made on a 14 non-driver identification card application or renewal form, (iii) indi- 15 cation made on a voter registration form pursuant to subdivision five of 16 section 5-210 of the election law, (iv) indication made on the applica- 17 tion for, or manual renewal application by an account holder of, health 18 care coverage offered through the NY State of Health, the official 19 Health Plan Marketplace, (v) enrollment through the donate life registry 20 website, (vi) paper enrollment submitted to the donate life registry, 21 (vii) indication made on the application or renewal form of a hunting, 22 fishing or trapping license issued pursuant to title seven of article 23 eleven of the environmental conservation law, (viii) indication made on 24 transactions administered by the office of temporary and disability 25 assistance through the mybenefits.ny.gov website, or any such successor 26 website; (ix) indication made on applications, renewals or related tran- 27 sactions for college financial aid, grants, or scholarships offered or 28 administered through any website maintained by the higher education 29 services corporation; (x) indication made by an insured and/or applicant 30 for insurance during enrollments, renewals, and the initial process for 31 an insured in setting up an online member service portal with their 32 insurer for accident and health insurance policies and contracts issued 33 pursuant to article forty-four of this chapter, article forty-two of the 34 insurance law, or article forty-three of the insurance law, excepting 35 renewals made through the NY State of Health, the official Health Plan 36 Marketplace, other than those specifically referenced in subparagraph 37 (iv) of this paragraph and paragraph (v) of subdivision one of section 38 two hundred six of this chapter; and provided, however, that nothing in 39 this section shall apply to the medical assistance program under title 40 eleven of article five of the social services law; (xi) indication made 41 on transactions conducted through an individual's electronic health 42 record; [or] (xii) indication made on any tax document that is subject 43 to mandatory electronic filing in accordance with the provisions of 44 section twenty-nine of the tax law; or (xiii) through any other method 45 identified by the commissioner. The department shall establish a means 46 by which to register the consent given by individuals who are sixteen or 47 seventeen years of age in the donate life registry, and shall make 48 registration available by any of the methods provided in subparagraphs 49 (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) [and], 50 (xii) and (xiii) of this paragraph. 51 § 3. Subparagraph (i) of paragraph (b) of subdivision 5 of section 52 4310 of the public health law, as amended by section 4 of chapter 662 of 53 the laws of 2024, is amended to read as follows: 54 (i) Where required by law for transactions described in subparagraphs 55 (i), (ii), (iv), (vii), (viii), (ix), (x) [and], (xi) and (xii) of para- 56 graph (a) of this subdivision, the commissioner shall ensure, in consul-
A. 7011 3 1 tation with the head of any agency required to implement such trans- 2 action, that space is provided on any required form so that the 3 applicant shall register or decline registration in the donate life 4 registry for organ, eye and tissue donations under this section and that 5 the following is stated on the form in clear and conspicuous type: 6 "You must fill out the following section: Would you like to be added 7 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 8 tion'." 9 § 4. Subparagraph (i) of paragraph (b) of subdivision 5 of section 10 4310 of the public health law, as amended by section 5 of chapter 662 of 11 the laws of 2024, is amended to read as follows: 12 (i) Where required by law for transactions described in subparagraphs 13 (i), (ii), (iv), (vii), (viii), (ix), (x), (xi) [and], (xii) and (xiii) 14 of paragraph (a) of this subdivision, the commissioner shall ensure, in 15 consultation with the head of any agency required to implement such 16 transaction, that space is provided on any required form so that the 17 applicant shall register or decline registration in the donate life 18 registry for organ, eye and tissue donations under this section and that 19 the following is stated on the form in clear and conspicuous type: 20 "You must fill out the following section: Would you like to be added 21 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 22 tion'." 23 § 5. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law; provided, however, that if sections 3 and 5 25 of chapter 552 of the laws of 2024 shall not have taken effect on or 26 before such date then sections two and four of this act shall take 27 effect on the same date and in the same manner as such sections of such 28 chapter of the laws of 2024, takes effect. Effective immediately, the 29 commissioner of health is authorized to take any actions necessary to 30 implement the provisions of this act on or before its effective date.