Utah Code 31A-22-431. Living organ donor coverage

31A-22-431. Living organ donor coverage.

(1)	For the purposes of this section, “living organ donor” means the same as that term is defined in Section 31A-22-655.

Terms Used In Utah Code 31A-22-431

Contract: A legal written agreement that becomes binding when signed.
Donor: The person who makes a gift.
Individual: means a natural person. See Utah Code 31A-1-301
Insurance: includes :

(i)	a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;

(ii)	a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and

(iii)

a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301

Life insurance: means :

(i)	insurance on a human life; and

(ii)

insurance pertaining to or connected with human life. See Utah Code 31A-1-301

Policy: includes a service contract issued by:

(i)	a motor club under Chapter 11, Motor Clubs;

(ii)	a service contract provided under Chapter 6a, Service Contracts; and

(iii)

a corporation licensed under:

(A)	Chapter 7, Nonprofit Health Service Insurance Corporations; or

(B)

Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301

(2)

An insurer may not:

(a)	deny eligibility for coverage or limit coverage of a individual under a life insurance policy or contract solely due to the status of the individual as a living organ donor;

(b)	preclude an individual from donating all or part of an organ as a condition of receiving or continuing to receive coverage under a life insurance policy or contract; or

(c)	discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a life insurance policy or contract for an individual based upon the status of the individual as a living organ donor without any additional actuarial risk.

(3)	The commissioner shall make educational materials available to insurers and the public on the access of living organ donors to insurance.

(4)	The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of this section.

Enacted by Chapter 128, 2020 General Session

Technically renumbered to avoid duplication of section number also enacted in HB37, Chapter 32.

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