Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1028 Compare Versions

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

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5	5	2023 -- S 1028
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7	7	LC002313
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONORS
16	16	IN DISABILITY INCOME, LIFE AND LONG-TERM CARE INSURANCE ACT
17	17	Introduced By: Senators Murray, Gallo, Pearson, Miller, and Valverde
18	18	Date Introduced: May 18, 2023
19	19	Referred To: Senate Health & Human Services
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by 1
24	24	adding thereto the following chapter: 2
25	25	CHAPTER 61.1 3
26	26	UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE 4
27	27	AND LONG-TERM CARE INSURANCE ACT 5
28	28	27-61.1-1. Short title. 6
29	29	This chapter shall be known and may be cited as the "Unfair Discrimination Against Organ 7
30	30	Donors." 8
31	31	27-61.1-2. Definitions. 9
32	32	As used in this section, the following terms apply: 10
33	33	(1) "Insurance coverage" means coverage under a disability income, life, or long-term care 11
34	34	insurance policy. 12
35	35	(2) "Living donor" means an individual for which both of the following apply: 13
36	36	(i) Has donated all or part of an organ or bone marrow; and 14
37	37	(ii) Is not deceased. 15
38	38	27-61.1-3. Unfair discrimination against organ donors. 16
39	39	Notwithstanding any other provision of law to the contrary, an insurer or issuer of a 17
40	40	disability income, life, or long-term care insurance policy shall not deny, cancel, or refuse to issue 18
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43	43	LC002313 - Page 2 of 3
44	44	insurance coverage, determine the price or premium for, or otherwise vary any term or condition 1
45	45	of the policy solely on the basis of the individual's status as a living donor and without any unique 2
46	46	and material actuarial risks in accordance with sound actuarial principles or actual and reasonably 3
47	47	anticipated and expected experience of the individual based on the individual's status as a living 4
48	48	donor. 5
49	49	27-61.1-4. Enforcement. 6
50	50	Violations of this chapter are subject to the provisions of §§ 27-29-8 and 27-29-9 and may 7
51	51	include injunctive relief and/or a requirement of restitution. The powers and duties set forth in this 8
52	52	section are in addition to all other authority of the commissioner. 9
53	53	SECTION 2. This act shall take effect upon passage. 10
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59	59	LC002313 - Page 3 of 3
60	60	EXPLANATION
61	61	BY THE LEGISLATIVE COUNCIL
62	62	OF
63	63	A N A C T
64	64	RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONO RS
65	65	IN DISABILITY INCOME, LIFE AND LONG-TERM CARE INSURANCE ACT
66	66	***
67	67	This act would define "living donor" and prohibit insurers from denying life and health 1
68	68	insurance, including disability insurance and long-term care disability insurance solely on the basis 2
69	69	of the individual's status as a "living donor". 3
70	70	This act would take effect upon passage. 4
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72	72	LC002313
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