Relates to requiring space for donate life registration on certain insurance forms and providing donate life registry enrollment forms and information to certain insureds.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9564
SPONSOR: Gunther
 
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 procedures. Section 3 amends the effective date of provisions
included in Chapter 29 of the laws of 2023 from eighteen months to Janu-
ary 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.
 
FISCAL IMPLICATIONS:
None noted.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9564
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee 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:
1 Section 1. Paragraph 17 of subsection (a) of section 3221 of the
2 insurance law, as amended by chapter 29 of the laws of 2023, is amended
3 to read as follows:
4 (17) (A) Space shall be provided on any enrollment, renewal or
5 initial online portal process setup forms required of an insured or
6 applicant for insurance so that the insured or applicant for insurance
7 shall register or decline registration in the donate life registry for
8 organ, eye and tissue donations under this section of the enrollment,
9 renewal or initial online portal process setup forms and that the
10 following is stated on the form in clear and conspicuous type:
11 "You must fill out the following section: Would you like to be added
12 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
13 tion'."
14 (B) For insureds and applicants for insurance that respond "yes", an
15 insurer (or third party administrator acting on such insurer's behalf)
16 shall provide the insured or applicant for insurance with a donate life
17 registry enrollment form or a link to the donate life registry enroll-
18 ment form website.
19 (C) The superintendent, in consultation with the commissioner of
20 health, may approve additional procedures for insurers (or third party
21 administrators) to comply with subparagraph (A) of this paragraph.
22 § 2. Paragraph 15 of subsection (c) of section 3216 of the insurance
23 law, as added by chapter 29 of the laws of 2023, is amended to read as
24 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14802-01-4
A. 9564 2
1 (15) (A) Space shall be provided on any enrollment, renewal or
2 initial online portal process setup forms required of an insured or
3 applicant for insurance, except forms issued by the NY State of Health,
4 the official Health Plan Marketplace, other than those specifically
5 referenced in subparagraph (iv) of paragraph (a) of subdivision five of
6 section four thousand three hundred ten and paragraph (v) of subdivision
7 one of section two hundred six of the public health law, required of an
8 insured or applicant for insurance so that the insured or applicant
9 shall register or decline registration in the donate life registry for
10 organ, eye and tissue donations under this section of the enrollment or
11 renewal form and that the following is stated on the form in clear and
12 conspicuous type:
13 "You must fill out the following section: Would you like to be added
14 to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
15 tion'."
16 (B) For insureds and applicants for insurance that respond "yes", an
17 insurer (or third party administrator acting on such insurer's behalf)
18 shall provide the insured or applicant for insurance with a donate life
19 registry enrollment form or a link to the donate life registry enroll-
20 ment form website.
21 (C) The superintendent, in consultation with the commissioner of
22 health, may approve additional procedures for insurers (or third party
23 administrators) to comply with subparagraph (A) of this paragraph.
24 § 3. Section 5 of chapter 758 of the laws of 2022 amending the public
25 health law and the insurance law relating to requiring space for donate
26 life registration on certain insurance forms, as amended by chapter 29
27 of the laws of 2023, is amended to read as follows:
28 § 5. This act shall take effect [eighteen months after it shall have
29 become a law] January 1, 2026. Effective immediately, the commissioner
30 of health and the superintendent of financial services are authorized to
31 promulgate any rules and regulations necessary for the implementation of
32 this act on or before such effective date.
33 § 4. This act shall take effect immediately.