Memorandum in Support
For Immediate Release: May 21, 2024

S. A.9564-A (Gunther)— 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

This legislation, A.9564-A, amends “Lauren’s Law” (Chapter 758 of the Laws of 2022) that requires insurers to provide space on various forms in order to facilitate enrollment on the New York State Donate Life Registry. The New York Health Plan Association (HPA) supports the bill and its intent.

According to data collected by the state, there are more than 8,000 New Yorkers waiting for lifesaving organ transplants, and approximately 400 New Yorkers die each year due to a shortage of donors. However, only 48% of New Yorker are registered as organ and tissue donors, which is one of the lowest registry enrollment rates in the country — and well below the national average of 64%. In an effort to increase the number of organ donors in New York State, Lauren’s Law, approved in 2012, requiring driver’s license applications to include a question about becoming an organ donor. It was expanded in 2020 to require a similar question on certain insurance forms.

Unfortunately, the current law is not entirely clear about the information to be given to insureds or applicants for insurance, or the format for the information. This bill amends Lauren’s Law to provide 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. The bill also grants the Superintendent of Financial Services, in consultation with the Commissioner of Health, flexibility to approve additional compliance procedures. This added flexibility will help increase the number of New Yorkers becoming donors by further simplifying enrollment on the New York State Donate Life Registry.

This e  amendment includes section 4306 of the insurance law and section 4408 of the public health law, ensuring that health insurance forms and processes conform with those of the other insurance policies covered by this law.  HPA welcomes and supports this change.

Lastly, with the implementation date of the expanded law set to take effect in June of 2024, this bill also extends the deadline for implementation and compliance with the law to allow insurers time to make the necessary administrative and information technology changes.

For these reasons, HPA supports A.9564-A.