Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1248 Compare Versions

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22 HOUSE DOCKET, NO. 884 FILED ON: 1/13/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1248
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Kate Lipper-Garabedian
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act providing living organ donor protections.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Kate Lipper-Garabedian32nd Middlesex1/13/2025Natalie M. Blais1st Franklin1/29/2025Lindsay N. Sabadosa1st Hampshire2/24/2025 1 of 3
1616 HOUSE DOCKET, NO. 884 FILED ON: 1/13/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1248
1818 By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No.
1919 1248) of Kate Lipper-Garabedian, Natalie M. Blais and Lindsay N. Sabadosa relative to
2020 protections and health insurance coverage for living organ donors. Financial Services.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 1000 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act providing living organ donor protections.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 26 of the General Laws is hereby amended by inserting after
3232 2section 8L the following section:-
3333 3 Section 8M. The commissioner of insurance shall promulgate rules and regulations
3434 4necessary to implement and enforce section 47OO of chapter 175, section 39 of chapter 176A,
3535 5section 26 of chapter 176B and section 34 of chapter 176G.
3636 6 SECTION 2. Chapter 111 of the General Laws is hereby amended by adding the
3737 7following section:- 2 of 3
3838 8 Section 243. If the department receives materials related to live organ donation from a
3939 9live organ donation organization that the department determines to be reputable, the department
4040 10shall make those materials available to the public.
4141 11 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
4242 12section 108N, as appearing in the 2018 Official Edition, the following section:-
4343 13 Section 108O. An insurer or producer authorized to issue policies against disability from
4444 14injury or disease in the commonwealth shall not: (1) decline or limit coverage of a person solely
4545 15due to the status of the person as a living organ donor; (2) preclude a person from donating all or
4646 16part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in
4747 17the offering, issuance, cancellation, amount of coverage, price or any other condition of
4848 18coverage, based solely and without any additional actuarial risks upon the status of a person as a
4949 19living organ donor. A violation of this section shall constitute an unfair method of competition or
5050 20an unfair or deceptive act or practice in violation of chapter 176D.
5151 21 SECTION 4. Said chapter 175 is hereby further amended by inserting after section 120F,
5252 22as so appearing, the following section:-
5353 23 Section 120G. Any policy, offer of policy or application for a policy of life insurance,
5454 24group or individual annuity, pure endowment contract or certificate covering residents of the
5555 25commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the
5656 26person as a living organ donor; (2) preclude a person from donating all or part of an organ as a
5757 27condition of continuing to receive coverage; or (3) otherwise discriminate in the offering,
5858 28issuance, cancellation, amount of coverage, price or any other condition of coverage, based
5959 29solely and without any additional actuarial risks upon the status of a person as a living organ 3 of 3
6060 30donor. A violation of this section shall constitute an unfair method of competition or an unfair or
6161 31deceptive act or practice in violation of chapter 176D.
6262 32 SECTION 5. Section 3 of chapter 176U of the General Laws, as so appearing, is hereby
6363 33amended by adding the following subsection:-
6464 34 (m) A long-term care insurance policy or certificate shall not: (1) decline or limit
6565 35coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a
6666 36person from donating all or part of an organ as a condition of continuing to receive coverage; or
6767 37(3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or
6868 38any other condition of coverage, based solely and without any additional actuarial risks upon the
6969 39status of a person as a living organ donor. A violation of this subsection shall constitute an unfair
7070 40method of competition or an unfair or deceptive act or practice in violation of chapter 176D.