1 | 1 | | |
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2 | 2 | | HOUSE BILL 427 |
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3 | 3 | | By Love |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 579 |
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6 | 6 | | By Akbari |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0579 |
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10 | 10 | | 001429 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 4; |
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14 | 14 | | Title 8; Title 50; Title 56 and Title 68, relative to |
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15 | 15 | | living organ donation. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 8, Chapter 50, Part 8, is amended by |
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19 | 19 | | adding the following as a new section: |
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20 | 20 | | (a) In addition to leave granted under §§ 8-50-801, 8-50-802, 8-50-806, and 8- |
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21 | 21 | | 50-813, an eligible employee must be granted absence from work for a period of time |
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22 | 22 | | equal to twelve (12) weeks for recovery from surgery related to a living organ donation. |
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23 | 23 | | If the eligible employee learns of the surgery date for the living organ donation less than |
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24 | 24 | | thirty (30) days in advance, then the employee shall give notice as soon as reasonably |
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25 | 25 | | possible. For the purpose of calculating service anniversary dates, this absence from |
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26 | 26 | | work is considered full-time employment. |
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27 | 27 | | (b) As used in this section: |
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28 | 28 | | (1) "Eligible employee" means: |
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29 | 29 | | (1) An employee who has been employed full-time with the state |
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30 | 30 | | for at least twelve (12) consecutive months with an entity described in §§ |
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31 | 31 | | 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), and 8-30-102(b)(10)-(13); |
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32 | 32 | | or |
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33 | 33 | | (2) An employee who has been employed full-time with the state |
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34 | 34 | | for at least twelve (12) consecutive months with an entity described in § |
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35 | 35 | | 8-30-102(b)(9), except for an employee of any administrative board or |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 001429 |
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39 | 39 | | |
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40 | 40 | | commission that is attached to an entity described in § 8-30-102(b)(1) or |
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41 | 41 | | § 8-30-102(b)(3)-(5); and |
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42 | 42 | | (2) "Living organ donor" means an individual who has donated all or part |
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43 | 43 | | of an organ and is not deceased. |
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44 | 44 | | SECTION 2. Tennessee Code Annotated, Title 50, Chapter 1, Part 3, is amended by |
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45 | 45 | | adding the following as a new section: |
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46 | 46 | | (a) An employer shall grant an eligible employee an absence from work for a |
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47 | 47 | | period of time equal to twelve (12) weeks for recovery from surgery related to a living |
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48 | 48 | | organ donation. If the eligible employee learns of the surgery date for the living organ |
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49 | 49 | | donation less than thirty (30) days in advance, then the employee shall give notice as |
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50 | 50 | | soon as reasonably possible. |
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51 | 51 | | (b) As used in this section: |
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52 | 52 | | (1) "Eligible employee" has the same meaning as in the Family and |
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53 | 53 | | Medical Leave Act (29 U.S.C. § 2601 et seq.); |
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54 | 54 | | (2) "Employer" means a person or entity that employs one (1) or more |
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55 | 55 | | employees and includes the state and its political subdivisions; and |
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56 | 56 | | (3) "Living organ donation" means a medical procedure by which an |
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57 | 57 | | individual donates all or part of an organ and is not deceased. |
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58 | 58 | | SECTION 3. Tennessee Code Annotated, Title 56, Chapter 7, Part 23, is amended by |
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59 | 59 | | adding the following as a new section: |
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60 | 60 | | (a) An insurer shall not deny coverage, cancel coverage, refuse to issue, |
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61 | 61 | | determine the price or premium for, or otherwise vary any term or condition of a life |
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62 | 62 | | insurance policy, disability insurance policy, or long-term care insurance policy for a |
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63 | 63 | | person based solely, and without any actual, unique, and material actuarial risks, on the |
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64 | 64 | | status of the person as a living organ donor. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 001429 |
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68 | 68 | | |
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69 | 69 | | (b) As used in this section, "living organ donor" means an individual who has |
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70 | 70 | | donated all or part of an organ and is not deceased. |
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71 | 71 | | SECTION 4. Tennessee Code Annotated, Title 68, Chapter 1, Part 1, is amended by |
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72 | 72 | | adding the following as a new section: |
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73 | 73 | | (a) The department of health in consultation with the department of commerce |
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74 | 74 | | and insurance shall produce informational material on living organ donation to educate |
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75 | 75 | | the public on the: |
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76 | 76 | | (1) Benefits and risks of living organ donation; and |
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77 | 77 | | (2) Impact of living organ donation on the access of a living organ donor |
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78 | 78 | | to insurance. |
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79 | 79 | | (b) By July 1, 2025, the department of health shall make available on the |
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80 | 80 | | department's website the informational material on living organ donation described in |
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81 | 81 | | subsection (a). |
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82 | 82 | | SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it. |
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