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2 | 2 | | HOUSE DOCKET, NO. 884 FILED ON: 1/13/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1248 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kate Lipper-Garabedian |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act providing living organ donor protections. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/13/2025Natalie M. Blais1st Franklin1/29/2025Lindsay N. Sabadosa1st Hampshire2/24/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 884 FILED ON: 1/13/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1248 |
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18 | 18 | | By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. |
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19 | 19 | | 1248) of Kate Lipper-Garabedian, Natalie M. Blais and Lindsay N. Sabadosa relative to |
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20 | 20 | | protections and health insurance coverage for living organ donors. Financial Services. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 1000 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act providing living organ donor protections. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 26 of the General Laws is hereby amended by inserting after |
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32 | 32 | | 2section 8L the following section:- |
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33 | 33 | | 3 Section 8M. The commissioner of insurance shall promulgate rules and regulations |
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34 | 34 | | 4necessary to implement and enforce section 47OO of chapter 175, section 39 of chapter 176A, |
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35 | 35 | | 5section 26 of chapter 176B and section 34 of chapter 176G. |
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36 | 36 | | 6 SECTION 2. Chapter 111 of the General Laws is hereby amended by adding the |
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37 | 37 | | 7following section:- 2 of 3 |
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38 | 38 | | 8 Section 243. If the department receives materials related to live organ donation from a |
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39 | 39 | | 9live organ donation organization that the department determines to be reputable, the department |
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40 | 40 | | 10shall make those materials available to the public. |
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41 | 41 | | 11 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after |
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42 | 42 | | 12section 108N, as appearing in the 2018 Official Edition, the following section:- |
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43 | 43 | | 13 Section 108O. An insurer or producer authorized to issue policies against disability from |
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44 | 44 | | 14injury or disease in the commonwealth shall not: (1) decline or limit coverage of a person solely |
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45 | 45 | | 15due to the status of the person as a living organ donor; (2) preclude a person from donating all or |
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46 | 46 | | 16part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in |
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47 | 47 | | 17the offering, issuance, cancellation, amount of coverage, price or any other condition of |
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48 | 48 | | 18coverage, based solely and without any additional actuarial risks upon the status of a person as a |
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49 | 49 | | 19living organ donor. A violation of this section shall constitute an unfair method of competition or |
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50 | 50 | | 20an unfair or deceptive act or practice in violation of chapter 176D. |
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51 | 51 | | 21 SECTION 4. Said chapter 175 is hereby further amended by inserting after section 120F, |
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52 | 52 | | 22as so appearing, the following section:- |
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53 | 53 | | 23 Section 120G. Any policy, offer of policy or application for a policy of life insurance, |
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54 | 54 | | 24group or individual annuity, pure endowment contract or certificate covering residents of the |
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55 | 55 | | 25commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the |
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56 | 56 | | 26person as a living organ donor; (2) preclude a person from donating all or part of an organ as a |
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57 | 57 | | 27condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, |
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58 | 58 | | 28issuance, cancellation, amount of coverage, price or any other condition of coverage, based |
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59 | 59 | | 29solely and without any additional actuarial risks upon the status of a person as a living organ 3 of 3 |
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60 | 60 | | 30donor. A violation of this section shall constitute an unfair method of competition or an unfair or |
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61 | 61 | | 31deceptive act or practice in violation of chapter 176D. |
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62 | 62 | | 32 SECTION 5. Section 3 of chapter 176U of the General Laws, as so appearing, is hereby |
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63 | 63 | | 33amended by adding the following subsection:- |
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64 | 64 | | 34 (m) A long-term care insurance policy or certificate shall not: (1) decline or limit |
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65 | 65 | | 35coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a |
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66 | 66 | | 36person from donating all or part of an organ as a condition of continuing to receive coverage; or |
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67 | 67 | | 37(3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or |
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68 | 68 | | 38any other condition of coverage, based solely and without any additional actuarial risks upon the |
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69 | 69 | | 39status of a person as a living organ donor. A violation of this subsection shall constitute an unfair |
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70 | 70 | | 40method of competition or an unfair or deceptive act or practice in violation of chapter 176D. |
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