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