BILL NUMBER: S8456
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to allowing patients
to register in the "donate life registry" through their electronic
health records
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide the opportunity for New Yorkers to be able to register in the
state's Donate Life New York State organ donation registry through
interactions through an individual's electronic health record.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph (v) of subdivision 1 of section 206 of the
Public Health Law, as it relates to the powers of the commissioner. A
new paragraph (v) is added to require electronic health record ("EHR")
products implemented for Article 28 general hospital facilities in New
York to include an integrated opportunity to register in the state's
donate life registry as an organ donor. EHR vendors would provide the
integration and deployment of this aspect of their product at no addi-
tional cost to hospitals or health systems.
Section 2 amends paragraph (a) of subdivision 5 of section 4310 of the
Public Health Law, as it relates to the methods by which individuals may
register to make an anatomical gift in New York state and adds to
subparagraph (x) by making conforming changes allowing for registration
through an individual's electronic health record.
Section 3 amends paragraph (a) of subdivision 5 of section 4310 of the
public health law as it relates to methods by which individuals may
register to make an anatomical gift in New York state. The amendments
make conforming changes to allow for registrations through an individ-
ual's electronic health record.
Section 4 amends subparagraph (i) of paragraph (b) of subdivision 5 of
section 4310 of Public Health Law, by adding a new subparagraph (xi) to
retain existing authority for the commissioner to provide for other
methods of registration.
Section 5 amends subparagraph (i) of paragraph (b) of subdivision 5 of
section 4310 of Public Health Law, by adding (ix) to retain existing
authority for the commissioner to provide for other methods of registra-
tion.
Section 6 provides for an effective date.
 
JUSTIFICATION:
Over the past decade, New York State has pioneered new and innovative
opportunities for individuals to elect to enroll as organ, eye, and
tissue donors. New York was the first state in the nation to include the
lifesaving donor designation question in the application processes for
voter registration, the New York State of Health insurance marketplace,
the New York City Municipal identification cards, and professional
applications processed through the Department of State. In 2021, the
legislature expanded this list to include benefits transactions through
certain websites operated by the Office of Temporary and Disability
Assistance, and the Higher Education Services Corporation applications
for tuition assistance and scholarships. The impact of these efforts on
the state's Donate Life Registry enrollments has been significant
between 2010 and 2021, Registry growth exceeded projections by 26%,
resulting in an additional 1.4 million enrollments beyond what was fore-
casted prior to enacting these policy changes.
There continues to be an underlying need for further opportunities in
New York, highlighted by a critical shortage of organs for transplant
leaving an estimated 8,400 men, women, and children waiting every day
for their lifesaving gift. Nearly 1,300 people in New York State have
been waiting on the national transplant waiting list for more than five
years. In 2021 alone, sadly, nearly 500 New Yorkers died in part due to
the pronounced shortage of donors. To help address these shortages, New
York State needs to continue its legacy of adopting ground-breaking
policies creating new and frequent opportunities for New Yorkers to
register their consent to be organ and tissue donors.
Expanding opportunities for New Yorkers to enroll as organ, eye, and
tissue donors has proven time and again as an effective, common sense
approach to addressing low participation rates in the state's Registry.
This legislation integrates the donor designation question into Inter-
actions an individual has through their electronic health record at
Article 28 general hospitals in New York State and provides the inte-
gration of that opportunity for hospitals at limited cost to facilities
and health systems. Allowing New Yorkers to join the Registry during the
initial process for an insured individual in setting up an online member
service portal with their insurer offers an ideal venue, as they are
already considering healthcare options and choices.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the first of January succeeding the date
that it shall have become a law.