Florida Senate - 2022                             CS for SB 1026
       
       
        
       By the Committee on Banking and Insurance; and Senator Cruz
       
       
       
       
       
       597-02089-22                                          20221026c1
    1                        A bill to be entitled                      
    2         An act relating to living organ donors in insurance
    3         policies; creating s. 626.97075, F.S.; defining the
    4         term “policy”; prohibiting insurers under specified
    5         policies from declining or limiting coverages and
    6         discriminating against persons based solely on their
    7         status as living organ donors, and from precluding
    8         insureds from donating organs; authorizing the
    9         Financial Services Commission to adopt rules and take
   10         actions to enforce specified laws; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 626.97075, Florida Statutes, is created
   16  to read:
   17         626.97075 Life insurance, disability insurance, and long
   18  term care insurance; discrimination against living organ donors
   19  prohibited.—
   20         (1) As used in this section, the term “policy” means any of
   21  the following:
   22         (a) An individual or group life insurance policy.
   23         (b) An industrial life insurance policy, as the term
   24  “industrial life insurance” is defined in s. 627.502(1).
   25         (c) A credit life insurance or credit disability insurance
   26  policy, as defined in s. 627.677(1) and (2), respectively.
   27         (d) A long-term care insurance policy as defined in s.
   28  627.9404(1).
   29         (2) Notwithstanding any other law, an insurer may not,
   30  under a policy:
   31         (a) Decline or limit coverage of a person solely due to his
   32  or her status as a living organ donor;
   33         (b) Preclude an insured from donating all or part of an
   34  organ as a condition to continuing to receive coverage under the
   35  policy; or
   36         (c) Otherwise discriminate in the offering, issuance,
   37  cancellation, coverage, premium, or any other condition of the
   38  policy for a person without any additional actuarial risk and
   39  based solely on his or her status as a living organ donor.
   40         (3) The commission may adopt rules and take actions
   41  necessary to enforce this section.
   42         Section 2. This act shall take effect July 1, 2022.