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An Act To Incorporate Protections for Living Donors into Maine Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1643  is enacted to read:
§ 1643. Live organ donation
 
1.  Definition.      For the purposes of this section, "live organ donation" means the donation by an individual who is not deceased of all or part of an organ from that individual.
 
2.  Information and education.     The department shall establish, maintain and operate an information service in order to educate the public on live organ donation. The information provided must include, but is not limited to, a description of the benefits of live organ donation and the impact of live organ donation on the access of a living organ donor to insurance.
 
3.  Methods of providing information.     The department shall make information about live organ donation available by using the following methods:
 
A.  A publicly accessible website maintained and updated by the department;
 
B.  Public service announcements; and
 
C.  Other media as determined by the department.
Sec. 2.  24-A MRSA §2159-D  is enacted to read:
§ 2159-D. Discrimination against live organ donation prohibited in life insurance, disability insurance and long-term care insurance
 
1.  Living organ donor.     For the purposes of this section, "living organ donor" means an individual who is not deceased who donates all or part of an organ from that individual.
 
2.  Discrimination prohibited.     Notwithstanding any other provision of law, an insurer authorized to do business in this State may not:
 
A.  Limit coverage or refuse to issue or renew coverage of an individual under any life insurance, disability insurance or long-term care insurance policy due to the status of that individual as a living organ donor;
 
B.  Preclude an individual from donating all or part of an organ as a condition of receiving coverage under a life insurance, disability insurance or long-term care insurance policy;
 
C.  Consider the status of an individual as a living organ donor in determining the premium rate for coverage of that individual under a life insurance, disability insurance or long-term care insurance policy; or
 
D.  Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price or any other condition of a life insurance, disability insurance or long-term care insurance policy based solely and without any additional actuarial risk upon the status of an individual as a living organ donor.
 
SUMMARY
This bill prohibits a denial of coverage or an increase in insurance premiums for life insurance, disability insurance or long-term care insurance for living organ donors. The bill also requires the Department of Health and Human Services to establish, maintain and operate an information service to educate the public on live organ donation.