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OLR Bill Analysis
HB 6387 (as amended by House "A")*
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).
The bill also establishes a chronic kidney disease advisory
committee to, among other things, work with policymakers, public
health organizations and educational institutions to increase
awareness of chronic kidney disease and develop related educational
programs. Beginning by January 1, 2022, the committee must annually
report its findings and recommendations to the Public Health
Committee.
*House Amendment “A” establishes the chronic kidney disease
advisory committee.
EFFECTIVE DATE: January 1, 2022, except the chronic kidney 2021HB-06387-R01-BA.DOCX
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disease advisory committee is effective upon passage.
CHRONIC KIDNEY DISEA SE ADVISORY COMMITTE E
Purposes
Under the bill, the advisory committee must:
1. work with policy makers, public health organizations, and
educational institutions to (a) increase awareness of the disease
in Connecticut and (b) develop educational programs that
reduce the burden of kidney disease, include ongoing health
and wellness campaigns based on relevant research, promote
preventive screenings, and are promoted through social media
and public relations campaigns;
2. examine chronic kidney disease, kidney transplantation
(including transplantation as a preferred treatment), living and
deceased kidney donation, and racial disparities in the rates of
afflicted individuals;
3. examine methods to reduce the occurrence of chronic kidney
disease by controlling the most common risk factors (i.e.,
diabetes and hypertension) through early detection and
prevention at the community level and primary care disease
management;
4. identify barriers to adopting best practices and the policies
available to address them;
5. develop an equitable, sustainable, cost-effective plan to raise
awareness about the importance of early detection, screening,
diagnosis, and treatment of chronic kidney disease and
prevention; and
6. examine the potential for an opt-out organ or kidney donor
registry.
Membership
Under the bill, the advisory committee consists of at least 21 2021HB-06387-R01-BA.DOCX
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required members and includes the chairs and ranking members of the
Public Health Committee and the public health commissioner, or their
designees. The remaining required members are appointed as follows:
1. one appointed by the House speaker who represents the renal
provider community;
2. one by the Senate president pro tempore who represents a
medical center with a kidney-related program;
3. one each appointed by the House and Senate majority leaders;
4. one each appointed by the House and Senate minority leaders;
5. one appointed by the governor;
6. one each appointed by the chief executive officers of the
National Kidney Foundation and the American Kidney Fund;
7. one each appointed by the chairs and ranking members of the
Public Health Committee; and
8. three appointed jointly by Public Health Committee chairs, one
who represents the kidney physician community, one who
represents a nonprofit organ procurement organization, and
one who represents the Connecticut kidney patient community.
In addition to the members described above, the Public Health
Committee chairs may also appoint other members they deem
necessary to represent public health clinics, community health centers
minority health organizations, and health insurers.
Under the bill, any of the legislatively appointed members may be
General Assembly members. The appointing authorities must make
initial appointments by 30 days after the bill’s passage and fill any
vacancies.
Under the bill, the House speaker and Senate president pro tempore
select the advisory committee’s chairpersons from among the
members. The chairpersons must schedule the first meeting and hold it 2021HB-06387-R01-BA.DOCX
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by 60 days after the bill’s passage.
Administration
The Office of Legislative Management, in consultation with the
advisory committee’s chairpersons, must select committee’s
administrative staff.
The bill allows the advisory committee to conduct virtual meetings,
at the chairpersons’ discretion.
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
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 §
38a-815 et seq.).
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable
Yea 18 Nay 0 (03/11/2021)