House Bill 1213

(As Passed the House)

AN ACT TO CREATE THE "LIVING DONOR PROTECTION ACT"; TO PROVIDE DEFINITIONS; TO PROHIBIT AN INSURER OF A LIFE, DISABILITY OR LONG-TERM CARE INSURANCE POLICY FROM DECLINING OR LIMITING COVERAGE OF A PERSON UNDER ANY POLICY OR OTHERWISE DISCRIMINATING AGAINST SUCH PERSON SOLELY DUE TO THE STATUS OF SUCH PERSON AS A LIVING ORGAN DONOR; TO AUTHORIZE THE MISSISSIPPI STATE DEPARTMENT OF HEALTH TO MAKE ANY MATERIAL IT RECEIVES RELATED TO LIVING ORGAN DONATION FROM A RECOGNIZED LIVING ORGAN DONATION ORGANIZATION AVAILABLE TO THE PUBLIC; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) This section shall be known and may be cited as the "Living Donor Protection Act."

(2) The following words and phrases shall have the meanings as defined in this subsection unless the context clearly indicates otherwise:

(a) "Living organ donor" means an individual who has donated all or part of an organ and is not deceased.

(b) "Policy" means a life insurance policy, disability insurance policy or long-term care insurance policy.

(3) Notwithstanding any other provision of law to the contrary, it shall be unlawful for an insurer to:

(a) Decline or limit coverage of a person under any policy solely due to the status of such person as a living organ donor;

(b) Preclude an insured from donating all or part of an organ as a condition of continuing to receive a policy; or

(c) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.

(4) The Department of Insurance shall adopt rules and regulations as necessary to effectuate the provisions of this section.

(5) If the Mississippi State Department of Health receives materials related to living organ donation from a recognized living organ donation organization, the department shall make those materials available to the public. The department may seek, accept and expend gifts, grants, or donations from private or public sources for the purpose of this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.