HOUSE DOCKET, NO. 941 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1000
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The Commonwealth of Massachusetts
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PRESENTED BY:
William J. Driscoll, Jr.
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act providing living organ donor protections.
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PETITION OF:
Name: | District/Address: | Date Added: |
William J. Driscoll, Jr. | 7th Norfolk | 1/17/2023 |
Norman J. Orrall | 12th Bristol | 6/27/2023 |
Lindsay N. Sabadosa | 1st Hampshire | 6/27/2023 |
Danillo A. Sena | 37th Middlesex | 6/27/2023 |
James C. Arena-DeRosa | 8th Middlesex | 6/27/2023 |
Rodney M. Elliott | 16th Middlesex | 6/27/2023 |
Brian W. Murray | 10th Worcester | 6/27/2023 |
Margaret R. Scarsdale | 1st Middlesex | 6/27/2023 |
Carmine Lawrence Gentile | 13th Middlesex | 6/27/2023 |
Samantha Montaño | 15th Suffolk | 6/27/2023 |
Natalie M. Higgins | 4th Worcester | 6/27/2023 |
Kristin E. Kassner | 2nd Essex | 6/27/2023 |
Bruce E. Tarr | First Essex and Middlesex | 6/28/2023 |
Natalie M. Blais | 1st Franklin | 7/10/2023 |
David Paul Linsky | 5th Middlesex | 7/10/2023 |
Jennifer Balinsky Armini | 8th Essex | 7/10/2023 |
William F. MacGregor | 10th Suffolk | 7/10/2023 |
David Henry Argosky LeBoeuf | 17th Worcester | 7/27/2023 |
Ryan M. Hamilton | 15th Essex | 8/1/2023 |
Kate Donaghue | 19th Worcester | 1/4/2024 |
Vanna Howard | 17th Middlesex | 1/4/2024 |
HOUSE DOCKET, NO. 941 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1000
By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 1000) of William J. Driscoll, Jr., relative to protections and health insurance coverage for living organ donors. Financial Services. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act providing living organ donor protections.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 26 of the General Laws is hereby amended by inserting after section 8L the following section:-
Section 8M. The commissioner of insurance shall promulgate rules and regulations necessary to implement and enforce section 47OO of chapter 175, section 39 of chapter 176A, section 26 of chapter 176B and section 34 of chapter 176G.
SECTION 2. Chapter 111 of the General Laws is hereby amended by adding the following section:-
Section 243. If the department receives materials related to live organ donation from a live organ donation organization that the department determines to be reputable, the department shall make those materials available to the public.
SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 108N, as appearing in the 2018 Official Edition, the following section:-
Section 108O. An insurer or producer authorized to issue policies against disability from injury or disease in the commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D.
SECTION 4. Said chapter 175 is hereby further amended by inserting after section 120F, as so appearing, the following section:-
Section 120G. Any policy, offer of policy or application for a policy of life insurance, group or individual annuity, pure endowment contract or certificate covering residents of the commonwealth shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this section shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D.
SECTION 5. Section 3 of chapter 176U of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(m) A long-term care insurance policy or certificate shall not: (1) decline or limit coverage of a person solely due to the status of the person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of continuing to receive coverage; or (3) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of coverage, based solely and without any additional actuarial risks upon the status of a person as a living organ donor. A violation of this subsection shall constitute an unfair method of competition or an unfair or deceptive act or practice in violation of chapter 176D.