1     
INSURANCE MODIFICATIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Wheatley

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to life insurance, accident and health insurance, and
10     long-term car insurance.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits an insurer from discriminating in the offering, issuance, cancellation,
14     amount of coverage, price, or any other condition of a life insurance, accident and
15     health insurance, or long-term care insurance policy or contract due to the status of
16     an individual as a living organ donor; and
17          ▸     defines terms.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          31A-22-430, Utah Code Annotated 1953
25          31A-22-653, Utah Code Annotated 1953
26          31A-22-1415, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 31A-22-430 is enacted to read:
30          31A-22-430. Living organ donor coverage.
31          (1) For the purposes of this section, "living organ donor" means the same as that term
32     is defined in Section 31A-22-653.
33          (2) An insurer may not:
34          (a) deny eligibility for coverage or limit coverage of a individual under a life insurance
35     policy or contract due to the status of the individual as a living organ donor;
36          (b) preclude an individual from donating all or part of an organ as a condition of
37     receiving or continuing to receive coverage under a life insurance policy or contract; or
38          (c) discriminate in the offering, issuance, cancellation, amount of coverage, price, or
39     any other condition of a life insurance policy or contract for an individual based upon the status
40     of the individual as a living organ donor without any additional actuarial risk.
41          (3) The commissioner shall make educational materials available to insurers and the
42     public on the access of living organ donors to insurance.
43          (4) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
44     Administrative Rulemaking Act, to implement the provisions of this section.
45          Section 2. Section 31A-22-653 is enacted to read:
46          31A-22-653. Living organ donor coverage.
47          (1) For the purposes of this section, "living organ donor" means an individual who has
48     donated all or part of an organ and is not deceased.
49          (2) An insurer may not:
50          (a) deny eligibility for coverage or limit coverage of a individual under an accident and
51     health insurance policy or contract due to the status of the individual as a living organ donor;
52          (b) preclude an individual from donating all or part of an organ as a condition of
53     receiving or continuing to receive coverage under an accident and health insurance policy or
54     contract; or
55          (c) discriminate in the offering, issuance, cancellation, amount of coverage, price, or
56     any other condition of an accident and health insurance policy or contract for an individual
57     based upon the status of the individual as a living organ donor without any additional actuarial
58     risk.

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