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OLR Bill Analysis
HB 6387
AN ACT CONCERNING INSURANCE DISCRIMINATION AGAINST
LIVING ORGAN DONORS.
SUMMARY
This bill prohibits an insurer issuing, delivering, or amending a life,
long-term care, or disability-income protection insurance policy from
discriminating against living organ donation by:
1. declining or limiting coverage solely because the insured is a
living organ donor,
2. prohibiting the insured from donating an organ as a condition
of maintaining coverage, or
3. otherwise discriminating in offering, delivering, issuing,
amending, or cancelling a policy by setting prices, conditions, or
coverage of the policy solely because the insured is a living
organ donor.
The bill makes a violation of its provisions a Connecticut Unfair
Insurance Practices Act (CUIPA) violation (see BACKGROUND).
EFFECTIVE DATE: January 1, 2022
BACKGROUND
Connecticut Unfair Insurance Practices Act
CUIPA prohibits engaging in unfair or deceptive acts or practices in
the business of insurance. It authorizes the insurance commissioner to
conduct investigations and hearings, issue cease and desist orders,
impose fines, revoke or suspend licenses, and order restitution for per
se violations (i.e., violations specifically listed in statute). The law also
allows the commissioner to ask the attorney general to seek injunctive
relief in Superior Court if he believes someone is engaging in other 2021HB-06387-R000152-BA.DOCX
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unfair or deceptive acts not specifically defined in statute.
Fines may be up to (1) $5,000 per violation to a $50,000 maximum or
(2) $25,000 per violation to a $250,000 maximum in any six-month
period if the violation was knowingly committed. The law also
imposes a fine of up to $50,000, in addition to or in place of a license
suspension or revocation, for violating a cease and desist order (CGS ยง
38a-815 et seq.).
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable
Yea 18 Nay 0 (03/11/2021)