•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09564 Summary:

BILL NOA09564
 
SAME ASSAME AS S08749
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
Amd 3221 & 3216, Ins L; amd 5, Chap 758 of 2022
 
Relates to requiring space for donate life registration on certain insurance forms and providing donate life registry enrollment forms and information to certain insureds.
Go to top    

A09564 Actions:

BILL NOA09564
 
03/20/2024referred to insurance
Go to top

A09564 Memo:

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.
Go to top

A09564 Text:



 
                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.
Go to top