O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 21-156—HB 6387
Insurance and Real Estate Committee
AN ACT CONCERNING IN SURANCE DISCRIMINATI ON AGAINST
LIVING ORGAN DONORS AND ESTABLISHING A C HRONIC KIDNEY
DISEASE ADVISORY COM MITTEE
SUMMARY: This act 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, issuing, amending, or cancelling a
policy, or in setting prices, conditions, or coverage of the policy, solely
because the insured is a living organ donor.
The act applies to policies issued on or after January 1, 2022, and makes a
violation of these provisions a Connecticut Unfair Insurance Practices Act
(CUIPA) violation (see BACKGROUND).
The act 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.
EFFECTIVE DATE: January 1, 2022, except the advisory committee provisions
take effect upon passage.
CHRONIC KIDNEY DISEASE ADVISORY COMMITTE E
Purpose
Under the act, the advisory committee must:
1. work with policy makers, public health organizations, and educational
institutions to increase awareness of the disease in Connecticut and
develop educational programs that (a) include ongoing health and wellness
campaigns based on relevant research, (b) are intended to reduce the
burden of kidney disease, (c) promote preventive screenings, and (d) 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; O L R P U B L I C A C T S U M M A R Y
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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 act, the advisory committee must consist of at least 21 required
members and include 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 appointed 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 and minority
leaders;
4. one appointed by the governor;
5. one each appointed by the chief executive officers of the National Kidney
Foundation and the American Kidney Fund;
6. one each appointed by the chairs and ranking members of the Public
Health Committee; and
7. three appointed jointly by Public Health Committee chairs, one each
representing the kidney physician community, a nonprofit organ
procurement organization, and 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 act, any of the legislatively-appointed members may be General
Assembly members. The appointing authorities must make initial appointments
by August 11, 2021, and fill any vacancies.
Under the act, 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 by September 10, 2021.
Administration
The Office of Legislative Management, in consultation with the advisory
committee’s chairpersons, must select the committee’s administrative staff. O L R P U B L I C A C T S U M M A R Y
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The act 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.).