| 1 | 1 | | By: Miles S.B. No. 1868 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting discrimination against living organ donors |
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| 7 | 7 | | by certain insurers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. This Act may be cited as the Texas Living Organ |
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| 10 | 10 | | Donor Act. |
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| 11 | 11 | | SECTION 2. Chapter 544, Insurance Code, is amended by |
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| 12 | 12 | | adding Subchapter M to read as follows: |
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| 13 | 13 | | SUBCHAPTER M. LIVING ORGAN DONORS |
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| 14 | 14 | | Sec. 544.601. DEFINITION. In this subchapter, "living |
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| 15 | 15 | | organ donor" means a living individual who donates an organ to |
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| 16 | 16 | | another individual. |
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| 17 | 17 | | Sec. 544.602. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 18 | 18 | | applies only to a life insurance policy or contract, disability |
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| 19 | 19 | | insurance policy, or long-term care insurance policy. |
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| 20 | 20 | | Sec. 544.603. PROHIBITIONS. (a) An insurer may not, based |
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| 21 | 21 | | solely on the status of an individual as a living organ donor: |
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| 22 | 22 | | (1) deny coverage to the individual; |
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| 23 | 23 | | (2) refuse to renew the individual's coverage; |
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| 24 | 24 | | (3) cancel the individual's coverage; |
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| 25 | 25 | | (4) limit the amount, extent, or kind of coverage |
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| 26 | 26 | | available to the individual; or |
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| 27 | 27 | | (5) charge the individual or a group to which the |
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| 28 | 28 | | individual belongs a rate that is different than the rate charged to |
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| 29 | 29 | | other individuals or groups, as applicable, for the same coverage |
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| 30 | 30 | | unless the rate differential is based on sound actuarial principles |
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| 31 | 31 | | or sound underwriting related to actual or anticipated loss |
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| 32 | 32 | | experience for a particular risk. |
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| 33 | 33 | | (b) An insurer may not prevent an insured from donating all |
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| 34 | 34 | | or part of an organ as a condition of continuing coverage. |
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| 35 | 35 | | SECTION 3. Section 544.603, Insurance Code, as added by |
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| 36 | 36 | | this Act, applies only to an insurance policy or contract that is |
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| 37 | 37 | | delivered, issued for delivery, or renewed on or after January 1, |
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| 38 | 38 | | 2022. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2021. |
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