| |
|
| |
|
|
By: Murr, Buckley, Guillen (Senate Sponsor - Miles) |
H.B. No. 317 |
|
|
(In the Senate - Received from the House April 12, 2021; |
|
|
April 13, 2021, read first time and referred to Committee on |
|
|
Business & Commerce; May 5, 2021, reported favorably by the |
|
|
following vote: Yeas 7, Nays 0; May 5, 2021, sent to printer.) |
| Click here to see the committee vote |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to prohibiting discrimination against living organ donors |
|
|
by certain insurers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act may be cited as the Texas Living Organ |
|
|
Donor Act. |
|
|
SECTION 2. Chapter 544, Insurance Code, is amended by |
|
|
adding Subchapter M to read as follows: |
|
|
SUBCHAPTER M. LIVING ORGAN DONORS |
|
|
Sec. 544.601. DEFINITION. In this subchapter, "living |
|
|
organ donor" means a living individual who donates an organ to |
|
|
another individual. |
|
|
Sec. 544.602. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
|
applies only to a life insurance policy or contract, disability |
|
|
insurance policy, or long-term care insurance policy. |
|
|
Sec. 544.603. PROHIBITIONS. (a) An insurer may not, based |
|
|
solely on the status of an individual as a living organ donor: |
|
|
(1) deny coverage to the individual; |
|
|
(2) refuse to renew the individual's coverage; |
|
|
(3) cancel the individual's coverage; |
|
|
(4) limit the amount, extent, or kind of coverage |
|
|
available to the individual; or |
|
|
(5) charge the individual or a group to which the |
|
|
individual belongs a rate that is different than the rate charged to |
|
|
other individuals or groups, as applicable, for the same coverage |
|
|
unless the rate differential is based on sound actuarial principles |
|
|
or sound underwriting related to actual or anticipated loss |
|
|
experience for a particular risk. |
|
|
(b) An insurer may not prevent an insured from donating all |
|
|
or part of an organ as a condition of continuing coverage. |
|
|
SECTION 3. Section 544.603, Insurance Code, as added by |
|
|
this Act, applies only to an insurance policy or contract that is |
|
|
delivered, issued for delivery, or renewed on or after January 1, |
|
|
2022. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |