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