District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0747 Compare Versions

Only one version of the bill is available at this time.

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5	5	March 12, 2024
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7	7	Nyasha Smith, Secretary
8	8	Council of the District of Columbia
9	9	1350 Pennsylvania Avenue, N.W.
10	10	Washington, DC 20004
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12	12	Dear Secretary Smith,
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14	14	Today, I am introducing the Living Donor Protection Amendment Act of 2024, along with
15	15	Councilmembers Janeese Lewis George, Christina Henderson, Charles Allen, Brianne K.
16	16	Nadeau, and Matthew Frumin. This legislation would ensure that living organ donors are
17	17	protected from unfair insurance discrimination due to their status as a living organ donor. It is
18	18	estimated that nearly 200,000 individuals nationwide are living organ donors, and 567 of those
19	19	donors are Washingtonians.
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23	23	According to the American Kidney Fund, states have enacted a patchwork of living organ donor
24	24	protections in the absence of a comprehensive federal law.
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26	26	The two most common state
27	27	protections for living organ donors are job-protected leave from public employers and protection
28	28	from life, disability or long-term care insurance discrimination. The Organ and Bone Marrow
29	29	Donor Leave Amendment Act of 2002 provides District government employees paid leave to
30	30	serve as an organ or a bone marrow donor.
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32	32	However, unlike 32 other states, the District has yet
33	33	to enact a law to protect living organ donors from unfair insurance discrimination.
34	34	Based solely on a person’s status as a living organ donor, the Living Donor Protection
35	35	Amendment Act of 2024 would prohibit life, disability, and long-term care insurance companies
36	36	from:
37	37	• Denying, canceling, or refusing to issue coverage;
38	38	• Determining the price or premium for coverage; or
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41	41	Organ Procurement and Transplant Network (OPTN), National and State data, data current as of March 6, 2024.
42	42	OPTN data on organ donation dates from 1988, the first full year of OPTN data collection.
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44	44	American Kidney Fund, State of the States: 2024 AKF Living Donor Protection Report Card, February 22, 2024.
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46	46	D.C. Code § 1–612.03b. 2
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48	48	• Otherwise varying any term or condition of an insurance policy.
49	49	This bill was developed in consultation with the American Kidney Fund, the American Council
50	50	of Life Insurers, and the Department of Insurance, Securities, and Banking.
51	51	Please contact my Legislative Director, Doni Crawford, at dcrawford@dccouncil.gov if you have
52	52	any questions.
53	53
54	54	Sincerely,
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58	58	Kenyan R. McDuffie
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62	62	_______________________________ ______________________________ 1
63	63	Councilmember Janeese Lewis George Councilmember Kenyan R. McDuffie 2
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66	66	___________________________ ______________________________ 5
67	67	Councilmember Charles Allen Councilmember Christina Henderson 6
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70	70	___________________________ ______________________________ 9
71	71	Councilmember Matthew Frumin Councilmember Brianne K. Nadeau 10
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75	75	A BILL 14
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77	77	___________ 16
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79	79	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 18
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81	81	______________________ 20
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84	84	To amend the Insurance Trade Economic Development Amendment Act of 2000 to create 23
85	85	definitions for the terms living organ donor and organ, and to protect living organ donors 24
86	86	from unfair discrimination. 25
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88	88	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27
89	89	act may be cited as the “Living Donor Protection Amendment Act of 2024”. 28
90	90	Sec. 2. The Insurance Trade and Economic Development Amendment Act of 2000, 29
91	91	effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code § 31-2231.01 et seq.), is amended 30
92	92	as follows: 31
93	93	(a) Section 101 (D.C. Official Code § 31-2231.01) is amended as follows: 32
94	94	(1) New paragraphs (7A) and (7B) are added to read as follows: 33
95	95	“(7A) “Living organ donor” means an individual who has donated all or part of an 34
96	96	organ and is not deceased.”. 35
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99	99	“(7B) “Organ” means a human eye, kidney, liver, heart, lung, pancreas, 36
100	100	esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another 37
101	101	part of the human body designated by the Commissioner by rule.”. 38
102	102	(b) Section 111 (D.C. Official Code § 31-2231.11) is amended as follows: 39
103	103	(1) A new subsection (c-1) is added to read as follows: 40
104	104	“(c-1)(1) Notwithstanding any other provision in this chapter, no insurer shall deny 41
105	105	coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary 42
106	106	any term or condition of a life insurance policy, disability insurance policy, or long-term care 43
107	107	insurance policy for a person based solely, and without any actual, unique, and material actuarial 44
108	108	risks, on the status of such person as a living organ donor.” 45
109	109	“(2) This subsection applies to life insurance policies, disability insurance 46
110	110	policies, or long-term care insurance policies delivered or issued for delivery after January 1, 47
111	111	2025.”. 48
112	112	Sec. 3. Fiscal impact statement. 49
113	113	The Council adopts the fiscal impact statement in the committee report as the fiscal 50
114	114	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 51
115	115	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 52
116	116	Sec. 4. Effective date. 53
117	117	This act shall take effect following approval by the Mayor (or in the event of veto by the 54
118	118	Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 55
119	119	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 56
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122	122	24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(1)), and publication in the District of Columbia 57
123	123	Register. 58