Requires applications for health care coverage through the health benefit exchange to include registration to be an organ donor

3 Co-sponsors

• John J. Flanagan
• David Carlucci
• Thomas F. O'Mara

Title of bill

An act to amend the public health law, in relation to requiring applicants for health insurance offered through the state health benefit exchange be provided space on the application for such insurance to register for the donate life registry for organ, eye and tissue donations

Purpose

To provide increased opportunity for New Yorkers to document their decision to give the gift of life and enroll as an organ and tissue donor in the New York State Donate Life Registry. The New York State Donate Life Registry only contains 25% of the population and currently ranks second to last in donor designation share (designated donors as a percentage of state population age 18 and over represented on state registry) in the nation while simultaneously having the third highest number of patients currently waiting for a lifesaving organ transplant.

Summary of provisions

Section 1 of the bill amends section 206 of the public health law to require that every application for a qualified health plan offered through the state health benefit exchange provide an opportunity to register in the "donate life registry" allowing them to check the box for "yes" or "skip this questions" as currently required on DMV registrations.

Sections 2 and 3 of the bill amends section 4310 of the public health law which identifies how individuals can register as an organ, eye and tissue donor and includes through the state health benefit exchange.

Section 4 of the bill provides an effective date.

Justification

In New York State, the primary methods for enrollment in the Donate Life Registry are a checkbox on applications at the Department of Motor Vehicles (DMV), and an application on the voter registration form from the Board of Elections (BOE). Each of these methods presents applicants with the opportunity to register their consent as an organ and tissue donor. Combined, these two methods currently provide the majority of New York State's new registrants and have only resulted in 25% of potential New Yorkers enrolling on the registry, the second to lowest rate in the nation. This has resulted in a critical shortage of transplantable organs and tissue for New Yorkers in need of a lifesaving transplant.

To address this shortage, New York State needs to offer New Yorkers more opportunities to register their consent to be an organ and tissue donor. The New York State of Health Insurance Exchange is an ideal venue for offering individuals the option of documenting their decision to save a life and enroll as an organ and tissue donor, as they are already considering healthcare options and choices. By allowing New Yorker's to enroll in the registry through the New York State of Health, New York State can increase enrollment on the registry and make significant progress toward saving lives through organ donation and transplantation.

Legislative history

New bill.

Fiscal implications

None.

Effective date

First of January next succeeding the date on which it shall have become law, provided effective immediately, any actions necessary to implement on its effective date are authorized and directed, and further provided amendments to subdivision 5 of section 4310 shall not affect the expiration of the subdivision and shall expire therewith.