2023 -- H 5489 | |
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LC001552 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONORS | |
IN DISABILITY INCOME, LIFE AND LONG-TERM CARE INSURANCE ACT | |
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Introduced By: Representatives Edwards, Solomon, Kazarian, Donovan, Roberts, | |
Date Introduced: February 10, 2023 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 61.1 |
4 | UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE |
5 | AND LONG-TERM CARE INSURANCE ACT |
6 | 27-61.1-1. Short title. |
7 | This chapter shall be known and may be cited as the "Unfair Discrimination Against Organ |
8 | Donors." |
9 | 27-61.1-2. Definitions. |
10 | As used in this section, the following terms apply: |
11 | (1) "Insurance coverage" means coverage under a disability income, life, or long-term care |
12 | insurance policy. |
13 | (2) "Living donor" means an individual for which both of the following apply: |
14 | (i) Has donated all or part of an organ or bone marrow; and |
15 | (ii) Is not deceased. |
16 | 27-61.1-3. Unfair discrimination against organ donors. |
17 | Notwithstanding any other provision of law to the contrary, an insurer or issuer of a |
18 | disability income, life, or long-term care insurance policy shall not deny, cancel, or refuse to issue |
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1 | insurance coverage, determine the price or premium for, or otherwise vary any term or condition |
2 | of the policy solely on the basis of the individual's status as a living donor and without any unique |
3 | and material actuarial risks in accordance with sound actuarial principles or actual and reasonably |
4 | anticipated and expected experience of the individual based on the individual's status as a living |
5 | donor. |
6 | 27-61.1-4. Enforcement. |
7 | Violations of this chapter are subject to the provisions of ยงยง 27-29-8 and 27-29-9 and may |
8 | include injunctive relief and/or a requirement of restitution. The powers and duties set forth in this |
9 | section are in addition to all other authority of the commissioner. |
10 | SECTION 2. This act shall take effect upon passage. |
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LC001552 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONORS | |
IN DISABILITY INCOME, LIFE AND LONG-TERM CARE INSURANCE ACT | |
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1 | This act would define "living donor" and prohibit insurers from denying life and health |
2 | insurance, including disability insurance and long-term care disability insurance solely on the basis |
3 | of the individual's status as a "living donor". |
4 | This act would take effect upon passage. |
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LC001552 | |
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