HB 1099 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to living organ donors in insurance 2
policies; creating s. 626.97075, F.S.; defining the 3
term "policy"; prohibiting insurers, health 4
maintenance organizations, and prepaid health clinics 5
under specified policies from declining or limiting 6
coverages and discriminating against persons based 7
solely on their status as living organ donors, and 8
from precluding insureds or subscribers from donating 9
organs; authorizing the Financial Services Commission 10
to adopt rules and take actions to enforce speci fied 11
laws; creating ss. 627.4795, 627.5215, 627.5585, 12
627.6443, 627.65624, 627.6813, and 627.94065, F.S.; 13
prohibiting insurers under life insurance policies, 14
industrial life insurance policies, group life 15
insurance policies, individual health insurance 16
policies, group, blanket, and franchise health 17
insurance policies, credit life and disability 18
insurance policies, and long -term care insurance 19
policies, respectively, from declining or limiting 20
coverages and discriminating against persons based 21
solely on their status as living organ donors, and 22
from precluding insureds from donating organs; 23
authorizing the commission to adopt rules and take 24
actions to enforce specified laws; creating ss. 25
HB 1099 2022
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hb1099-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
641.31065 and 641.4275, F.S.; prohibiting health 26
maintenance organization s under health maintenance 27
contracts and prepaid health clinics under prepaid 28
health clinic contracts, respectively, from declining 29
or limiting coverages and discriminating against 30
persons based on their status as living organ donors, 31
and from precluding s ubscribers from donating organs; 32
authorizing the commission to adopt rules and take 33
actions to enforce specified laws; providing an 34
effective date. 35
36
Be It Enacted by the Legislature of the State of Florida: 37
38
Section 1. Section 626.97075, Florida St atutes, is created 39
to read: 40
626.97075 Life insurance, health insurance, disability 41
insurance, and long-term care insurance; discrimination against 42
living organ donors prohibited. — 43
(1) As used in this section, the term "policy" means any 44
of the following: 45
(a) An individual or group life insurance policy. 46
(b) An industrial life insurance policy, as the term 47
"industrial life insurance" is defined in s. 627.502(1). 48
(c) An individual or a group, blanket, or franchise health 49
insurance policy, as the ter m "health insurance" is defined in 50
HB 1099 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 624.603. 51
(d) A credit life insurance or credit disability insurance 52
policy, as defined in s. 627.677(1) and (2), respectively. 53
(e) A long-term care insurance policy as defined in s. 54
627.9404(1). 55
(f) A health maintenance contract as defined s. 56
641.19(11). 57
(g) A prepaid health clinic contract as defined in s. 58
641.402. 59
(2) Notwithstanding any other law, an insurer, a health 60
maintenance organization, or a prepaid health clinic may not, 61
under a policy: 62
(a) Decline or limit coverage of a person solely due to 63
his or her status as a living organ donor; 64
(b) Preclude an insured or a subscriber from donating all 65
or part of an organ as a condition to continuing to receive 66
coverage under the policy; or 67
(c) Otherwise discriminate in the offering, issuance, 68
cancellation, coverage, premium, or any other condition of the 69
policy for a person without any additional actuarial risk and 70
based solely on his or her status as a living organ donor. 71
(3) The commission may adopt r ules and take actions 72
necessary to enforce this section. 73
Section 2. Section 627.4795, Florida Statutes, is created 74
to read: 75
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627.4795 Discrimination against living organ donors 76
prohibited.— 77
(1) Notwithstanding any other law, an insurer may not, 78
under a life insurance policy: 79
(a) Decline or limit coverage of a person solely due to 80
his or her status as a living organ donor; 81
(b) Preclude an insured from donating all or part of an 82
organ as a condition to continuing to receive coverage under the 83
policy; or 84
(c) Otherwise discriminate in the offering, issuance, 85
cancellation, coverage, premium, or any other condition of the 86
policy for a person without any additional actuarial risk and 87
based solely on his or her status as a living organ donor. 88
(2) The commission may adopt rules and take actions 89
necessary to enforce this section. 90
Section 3. Section 627.5215, Florida Statutes, is created 91
to read: 92
627.5215 Discrimination against living organ donors 93
prohibited.— 94
(1) Notwithstanding any other law, an insurer may not, 95
under an industrial life insurance policy: 96
(a) Decline or limit coverage of a person solely due to 97
his or her status as a living organ donor; 98
(b) Preclude an insured from donating all or part of an 99
organ as a condition to continuing t o receive coverage under the 100
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policy; or 101
(c) Otherwise discriminate in the offering, issuance, 102
cancellation, coverage, premium, or any other condition of the 103
policy for a person without any additional actuarial risk and 104
based solely on his or her status a s a living organ donor. 105
(2) The commission may adopt rules and take actions 106
necessary to enforce this section. 107
Section 4. Section 627.5585, Florida Statutes, is created 108
to read: 109
627.5585 Discrimination against living organ donors 110
prohibited.— 111
(1) Notwithstanding any other law, an insurer may not, 112
under a group life insurance policy: 113
(a) Decline or limit coverage of a person solely due to 114
his or her status as a living organ donor; 115
(b) Preclude an insured from donating all or part of an 116
organ as a condition to continuing to receive coverage under the 117
policy; or 118
(c) Otherwise discriminate in the offering, issuance, 119
cancellation, coverage, premium, or any other condition of the 120
policy for a person without any additional actuarial risk and 121
based solely on his or her status as a living organ donor. 122
(2) The commission may adopt rules and take actions 123
necessary to enforce this section. 124
Section 5. Section 627.6443, Florida Statutes, is created 125
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to read: 126
627.6443 Discrimination against living org an donors 127
prohibited.— 128
(1) Notwithstanding any other law, an insurer may not, 129
under a health insurance policy: 130
(a) Decline or limit coverage of a person solely due to 131
his or her status as a living organ donor; 132
(b) Preclude an insured from donating al l or part of an 133
organ as a condition to continuing to receive coverage under the 134
policy; or 135
(c) Otherwise discriminate in the offering, issuance, 136
cancellation, coverage, premium, or any other condition of the 137
policy for a person without any additional actuarial risk and 138
based solely on his or her status as a living organ donor. 139
(2) The commission may adopt rules and take actions 140
necessary to enforce this section. 141
Section 6. Section 627.65624, Florida Statutes, is created 142
to read: 143
627.65624 Discrimination against living organ donors 144
prohibited.— 145
(1) Notwithstanding any other law, an insurer may not, 146
under a group, blanket, or franchise health insurance policy: 147
(a) Decline or limit coverage of a person solely due to 148
his or her status as a living organ donor; 149
(b) Preclude an insured from donating all or part of an 150
HB 1099 2022
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organ as a condition to continuing to receive coverage under the 151
policy; or 152
(c) Otherwise discriminate in the offering, issuance, 153
cancellation, coverage, premium, or any other condition of the 154
policy for a person without any additional actuarial risk and 155
based solely on his or her status as a living organ donor. 156
(2) The commission may adopt rules and take actions 157
necessary to enforce this section. 158
Section 7. Section 627.68 13, Florida Statutes, is created 159
to read: 160
627.6813 Discrimination against living organ donors 161
prohibited.— 162
(1) Notwithstanding any other law, an insurer may not, 163
under a credit life insurance or credit disability insurance 164
policy: 165
(a) Decline or limi t coverage of a person solely due to 166
his or her status as a living organ donor; 167
(b) Preclude an insured from donating all or part of an 168
organ as a condition to continuing to receive coverage under the 169
policy; or 170
(c) Otherwise discriminate in the offeri ng, issuance, 171
cancellation, coverage, premium, or any other condition of the 172
policy for a person without any additional actuarial risk and 173
based solely on his or her status as a living organ donor. 174
(2) The commission may adopt rules and take actions 175
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necessary to enforce this section. 176
Section 8. Section 627.94065, Florida Statutes, is created 177
to read: 178
627.94065 Discrimination against living organ donors 179
prohibited.— 180
(1) Notwithstanding any other law, an insurer may not, 181
under a long-term care insurance policy: 182
(a) Decline or limit coverage of a person solely due to 183
his or her status as a living organ donor; 184
(b) Preclude an insured from donating all or part of an 185
organ as a condition to continuing to receive coverage under the 186
policy; or 187
(c) Otherwise discriminate in the offering, issuance, 188
cancellation, coverage, premium, or any other condition of the 189
policy for a person without any additional actuarial risk and 190
based solely on his or her status as a living organ donor. 191
(2) The commission may adopt rules and take actions 192
necessary to enforce this section. 193
Section 9. Section 641.31065, Florida Statutes, is created 194
to read: 195
641.31065 Discrimination against living organ donors 196
prohibited.— 197
(1) Notwithstanding any other law, a health maint enance 198
organization may not, under a health maintenance contract: 199
(a) Decline or limit coverage of a person solely due to 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
his or her status as a living organ donor; 201
(b) Preclude a subscriber from donating all or part of an 202
organ as a condition to conti nuing to receive coverage under the 203
contract; or 204
(c) Otherwise discriminate in the offering, issuance, 205
cancellation, coverage, premium, or any other condition of the 206
contract for a person without any additional actuarial risk and 207
based solely on his or h er status as a living organ donor. 208
(2) The commission may adopt rules and take actions 209
necessary to enforce this section. 210
Section 10. Section 641.4275, Florida Statutes, is created 211
to read: 212
641.4275 Discrimination against living organ donors 213
prohibited.— 214
(1) Notwithstanding any other law, a prepaid health clinic 215
may not, under a prepaid health clinic contract: 216
(a) Decline or limit coverage of a person solely due to 217
his or her status as a living organ donor; 218
(b) Preclude a subscriber from donating all or part of an 219
organ as a condition to continuing to receive coverage under the 220
contract; or 221
(c) Otherwise discriminate in the offering, issuance, 222
cancellation, coverage, premium, or any other con dition of the 223
contract for a person without any additional actuarial risk and 224
based solely on his or her status as a living organ donor. 225
HB 1099 2022
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(2) The commission may adopt rules and take actions 226
necessary to enforce this section. 227
Section 11. This act shall take effect July 1, 2022. 228