1     
INSURANCE MODIFICATIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Wheatley

5     
Senate Sponsor: Ralph Okerlund

6     Cosponsors:
7     Patrice M. Arent
8     Joel K. Briscoe
9     Jennifer Dailey-Provost
Susan Duckworth
Eric K. Hutchings
Karen Kwan
Carol Spackman Moss
Angela Romero
Lawanna Shurtliff

10     

11     LONG TITLE
12     General Description:
13          This bill enacts provisions related to life insurance, accident and health insurance, and
14     long-term care insurance.
15     Highlighted Provisions:
16          This bill:
17          ▸     prohibits an insurer from discriminating in the offering, issuance, cancellation,
18     amount of coverage, price, or any other condition of a life insurance, accident and
19     health insurance, or long-term care insurance policy or contract due to the status of
20     an individual as a living organ donor; and
21          ▸     defines terms.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     ENACTS:
28          31A-22-430, Utah Code Annotated 1953

29          31A-22-653, Utah Code Annotated 1953
30          31A-22-1415, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 31A-22-430 is enacted to read:
34          31A-22-430. Living organ donor coverage.
35          (1) For the purposes of this section, "living organ donor" means the same as that term
36     is defined in Section 31A-22-653.
37          (2) An insurer may not:
38          (a) deny eligibility for coverage or limit coverage of a individual under a life insurance
39     policy or contract solely due to the status of the individual as a living organ donor;
40          (b) preclude an individual from donating all or part of an organ as a condition of
41     receiving or continuing to receive coverage under a life insurance policy or contract; or
42          (c) discriminate in the offering, issuance, cancellation, amount of coverage, price, or
43     any other condition of a life insurance policy or contract for an individual based upon the status
44     of the individual as a living organ donor without any additional actuarial risk.
45          (3) The commissioner shall make educational materials available to insurers and the
46     public on the access of living organ donors to insurance.
47          (4) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
48     Administrative Rulemaking Act, to implement the provisions of this section.
49          Section 2. Section 31A-22-653 is enacted to read:
50          31A-22-653. Living organ donor coverage.
51          (1) For the purposes of this section, "living organ donor" means an individual who has
52     donated all or part of an organ and is not deceased.
53          (2) An insurer may not:
54          (a) deny eligibility for coverage or limit coverage of a individual under an accident and
55     health insurance policy or contract solely due to the status of the individual as a living organ
56     donor;

57          (b) preclude an individual from donating all or part of an organ as a condition of
58     receiving or continuing to receive coverage under an accident and health insurance policy or
59     contract; or
60          (c) discriminate in the offering, issuance, cancellation, amount of coverage, price, or
61     any other condition of an accident and health insurance policy or contract for an individual
62     based upon the status of the individual as a living organ donor without any additional actuarial
63     risk.
64          (3) The commissioner shall make educational materials available to insurers and the
65     public on the access of living organ donors to insurance.
66          (4) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
67     Administrative Rulemaking Act, to implement the provisions of this section.
68          Section 3. Section 31A-22-1415 is enacted to read:
69          31A-22-1415. Living organ donor coverage.
70          (1) For the purposes of this section, "living organ donor" means the same as that term
71     is defined in Section 31A-22-653.
72          (2) An insurer may not:
73          (a) deny eligibility for coverage or limit coverage of a individual under a long-term
74     care insurance policy or contract solely due to the status of the individual as a living organ
75     donor;
76          (b) preclude an individual from donating all or part of an organ as a condition of
77     receiving or continuing to receive coverage under a long-term care insurance policy or contract;
78     or
79          (c) discriminate in the offering, issuance, cancellation, amount of coverage, price, or
80     any other condition of a long-term care insurance policy or contract for an individual based
81     upon the status of the individual as a living organ donor without any additional actuarial risk.
82          (3) The commissioner shall make educational materials available to insurers and the
83     public on the access of living organ donors to insurance.
84          (4) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah

85     Administrative Rulemaking Act, to implement the provisions of this section.