(1) The short title of this section is the "Living Donor Protection Act of 2019".
(2) Notwithstanding any other law, a person subject to regulation by the division pursuant to this title 10 shall not:
Decline or limit coverage of a person under a policy or contract for life insurance,disability income insurance, health insurance, or long-term care insurance due to the status of the person as a living organ donor;
Preclude a person from donating all or part of an organ as a condition of receiving apolicy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance;
Consider the status of a person as a living organ donor in determining the premiumrate for coverage of the person under a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance; or
Otherwise discriminate in the offering, issuance, cancellation, amount of coverage,price, or any other condition of a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance for a person based solely and without any additional actuarial risks upon the status of the person as a living organ donor.
The commissioner may use any of the commissioner's enforcement powers to obtaina person's compliance with this section.
(a) The division shall provide information to the public on the access of a living organ donor to insurance as specified in this section. If the division receives materials related to live organ donation from a recognized live organ donation organization, the division shall make the materials available to the public.
If the department of public health and environment receives materials related to liveorgan donation from a recognized live organ donation organization, the department of public health and environment shall make the materials available to the public.
The division and the department of public health and environment may seek andaccept gifts, grants, or donations from private or public sources for the purposes of this subsection (4).
(5) As used in this section:
"Disability income insurance" means a contract under which an entity promises topay a person a sum of money in the event that an illness or injury resulting in a disability prevents the person from working.
"Health insurance" means a health benefit plan as defined in section 10-16-102 (32).
"Life insurance" has the same meaning as set forth in section 10-7-301.5 (5).
"Living organ donor" means a living person who has donated all or part of an organ.
"Long-term care insurance" has the same meaning as set forth in section 10-19-103 (5).
Source: L. 2019: Entire section added, (HB 19-1253), ch. 367, p. 3368, § 1, effective August 2.