HB 2109
Initials AG/AB Page 1 Caucus & COW
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: HHS DP 7-5-0-0
HB 2109: forced organ harvesting; insurance; prohibition
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Overview
Entitles this act as the Arizona End Organ Harvesting Act which establishes insurance
coverage prohibitions on organ harvesting.
History
Health care insurers include disability insurers, group disability insurers, blanket disability
insurers, health care services organizations, hospital service corporations and medical
service corporations (insurers) (A.R.S. § 20-1379). The Arizona Health Care Cost
Containment System (AHCCCS) contracts with health professionals to provide medically
necessary health and medical services to eligible members, including inpatient and
outpatient health services and early and periodic health screening and diagnostic services
(A.R.S. § 36-2907). The Department of Insurance and Financial Institutions regulates
policies, certificates, evidence of coverage and contracts of insurance (insurance policies) that
are issued or delivered by health care insurers.
The National Organ Transplant Act makes it unlawful for any person to knowingly acquire,
receive or otherwise transfer any human organ for valuable consideration for use in human
transplantation if the transfer affects interstate commerce except for human organs used for
paired donation. The term human organ means the human, including fetal, kidney, liver,
heart, lung, pancreas, bone marrow, cornea, eye, bone and skin or any subpart thereof and
any other human organ, or any subpart thereof, including that derived from a fetus specified
by the US Secretary of Health and Human Services by regulation (42 USC § 247e).
A similar bill was introduced in the 56th legislature, 2nd regular session and was vetoed by
the Governor (HB2504 forced organ harvesting; insurance; prohibition).
Provisions
1. Allows an insurance policy and AHCCCS, subject to approval of the U.S. Centers for
Medicare and Medicaid Services, to limit coverage to a subscriber, enrollee, insured or
member for a human organ transplant or post-transplant care if either:
a) the transplant operation is performed in the People's Republic of China or the Hong
Kong Special Administrative Region; or
b) the human organ to be transplanted was procured by a sale or donation originating in
the People's Republic of China or the Hong Kong Special Administrative Region.
(Sec. 1-5)
2. Clarifies that the coverage limitations for organ transplants do not:
a) require coverage for human organ transplants; or HB2109
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b) limit an insurer or AHCCCS from denying coverage for any valid reason. (Sec. 1-5)
3. Cites this act as the Arizona End Organ Harvesting Act. (Sec. 6)