Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
5572
2025-2026 Regular Sessions
I N A S S E M B L Y
February 14, 2025
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to organ donation
registration through a patient-facing portal; and to amend a chapter
of the laws of 2024 amending the public health law relating to allow-
ing patients to register in the "donate life registry" through their
electronic health records, as proposed in legislative bills numbers S.
8456 and A. 7079, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (w) of subdivision 1 of section 206 of the public
health law, as added by a chapter of the laws of 2024 amending the
public health law relating to allowing patients to register in the
"donate life registry" through their electronic health records, as
proposed in legislative bills numbers S. 8456 and A. 7079, is amended to
read as follows:
(w) require that every electronic health record vendor include and
integrate components into their electronic health record products imple-
mented for general hospitals in the state regulated under article twen-
ty-eight of this chapter in such a manner to allow patients to register
DIRECTLY in the NEW YORK STATE "donate life registry" for organ, eye and
tissue donations as provided for under section forty-three hundred ten
of this chapter. SUCH REGISTRATION SHALL BE VIA A PATIENT-FACING PORTAL,
PROVIDED THAT, TO PROTECT PATIENT CONFIDENTIALITY AND PREVENT CONFLICTS
OF INTEREST, SUCH ELECTRONIC HEALTH RECORD PRODUCTS DO NOT RETAIN OR
STORE PATIENTS' DONOR STATUS INFORMATION, AND PROVIDED, FURTHER, THAT
SUCH ELECTRONIC HEALTH RECORD PRODUCTS MEET STANDARDS AS MAY BE ESTAB-
LISHED BY THE COMMISSIONER, INCLUDING, BUT NOT LIMITED TO, A STANDARD-
IZED QUESTION ALLOWING DIRECT ENROLLMENT IN THE DONATE LIFE REGISTRY AND
REQUIRED DATA ELEMENTS. Electronic health record vendors shall provide
the integration of such elements without additional cost under this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02858-01-5
A. 5572 2
paragraph as a component of either existing or new implementations of
their electronic health record products. Patient facing elements of
these [requirements] PRODUCTS shall include opportunities for patients
to directly register in the "donate life registry" for organ, eye and
tissue donations as a component of such elements.
§ 2. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by section 2 of a chapter of the laws of 2024
amending the public health law relating to allowing patients to register
in the "donate life registry" through their electronic health records,
as proposed in legislative bills numbers S. 8456 and A. 7079, is amended
to read as follows
(a) Such organ, eye and tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication made on a
non-driver identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) indication made on the applica-
tion for, or manual renewal application by an account holder of, health
care coverage offered through the state health benefit exchange, (v)
enrollment through the donate life registry website, (vi) paper enroll-
ment submitted to the donate life registry, (vii) indication made on the
application or renewal form of a hunting, fishing or trapping license
issued pursuant to title seven of article eleven of the environmental
conservation law, (viii) indication made on transactions administered by
the office of temporary and disability assistance through the mybene-
fits.ny.gov website, or any such successor website; (ix) indication made
on applications, renewals or related transactions for college financial
aid, grants, or scholarships offered or administered through any website
maintained by the higher education services corporation; (x) [indication
made on] transactions conducted through THE PATIENT-FACING PORTAL OF an
individual's electronic health records; or (xi) through any other method
identified by the commissioner. The department shall establish a means
by which to register the consent given by individuals who are sixteen or
seventeen years of age in the donate life registry, and shall make
registration available by any of the methods provided in subparagraphs
(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi) of
this paragraph.
§ 3. Paragraph (a) of subdivision 5 of section 4310 of the public
health law, as amended by section 3 of a chapter of the laws of 2024
amending the public health law relating to allowing patients to register
in the "donate life registry" through their electronic health records,
as proposed in legislative bills numbers S. 8456 and A. 7079, is amended
to read as follows:
(a) Such organ, eye and tissue registration of consent to make an
anatomical gift can be made through: (i) indication made on the applica-
tion or renewal form of a driver's license, (ii) indication made on a
non-driver identification card application or renewal form, (iii) indi-
cation made on a voter registration form pursuant to subdivision five of
section 5-210 of the election law, (iv) indication made on the applica-
tion for, or manual renewal application by an account holder of, health
care coverage offered through the NY State of Health, the official
Health Plan Marketplace, (v) enrollment through the donate life registry
website, (vi) paper enrollment submitted to the donate life registry,
(vii) indication made on the application or renewal form of a hunting,
fishing or trapping license issued pursuant to title seven of article
eleven of the environmental conservation law, (viii) indication made on
A. 5572 3
transactions administered by the office of temporary and disability
assistance through the mybenefits.ny.gov website, or any such successor
website; (ix) indication made on applications, renewals or related tran-
sactions for college financial aid, grants, or scholarships offered or
administered through any website maintained by the higher education
services corporation; (x) indication made by an insured and/or applicant
for insurance during enrollments, renewals, and the initial process for
an insured in setting up an online member service portal with their
insurer for accident and health insurance policies and contracts issued
pursuant to article forty-four of this chapter, article forty-two of the
insurance law, or article forty-three of the insurance law, excepting
renewals made through the NY State of Health, the official Health Plan
Marketplace, other than those specifically referenced in subparagraph
(iv) of this paragraph and paragraph (v) of subdivision one of section
two hundred six of this chapter; and provided, however, that nothing in
this section shall apply to the medical assistance program under title
eleven of article five of the social services law; (xi) [indication made
on] transactions conducted through THE PATIENT-FACING PORTAL OF an indi-
vidual's electronic health record; or (xii) through any other method
identified by the commissioner. The department shall establish a means
by which to register the consent given by individuals who are sixteen or
seventeen years of age in the donate life registry, and shall make
registration available by any of the methods provided in subparagraphs
(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi) and
(xii) of this paragraph.
§ 4. Section 6 of a chapter of the laws of 2024 amending the public
health law relating to allowing patients to register in the "donate life
registry" through their electronic health records, as proposed in legis-
lative bills numbers S. 8456 and A. 7079, is amended to read as follows:
§ 6. This act shall take effect [on the first of January next succeed-
ing the date on which] TWO YEARS AFTER it shall have become a law;
provided, however, THAT EFFECTIVE IMMEDIATELY ANY DONOR REGISTRATIONS
MADE THROUGH ELECTRONIC HEALTH RECORDS SHALL BE TRANSMITTED TO THE NEW
YORK STATE "DONATE LIFE REGISTRY"; AND PROVIDED, FURTHER, HOWEVER, that
if chapter 758 of the laws of 2022 shall not have taken effect on or
before such date then sections three and five of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2022 takes effect. Effective immediately, the commissioner of
health is authorized to take any actions necessary to implement the
provisions of this act on or before its effective date.
§ 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall take effect on the same date and in
the same manner as a chapter of the laws of 2024 amending the public
health law relating to allowing patients to register in the "donate life
registry" through their electronic health records, as proposed in legis-
lative bills numbers S. 8456 and A. 7079, takes effect.Every fact on this page links to its source, starting with the official bill record.