(a) Prohibitions.--Subject to subsection (b), an insurer may not:
(1) Engage in any of the following actions against an individual based solely upon
the individual's status as a living donor without additional risk based on sound actuarial
principles reasonably related to actual or anticipated loss experience:
(i) Decline to provide an insurance policy to the individual.
(ii) Limit coverage under an insurance policy of the individual.
(iii) Otherwise discriminate against the individual regarding the premium rating,
offering, issuance, cancellation, amount of coverage or any other condition of an
(2) Preclude an insured from donating all or part of an organ or tissue as a condition
for receiving or continuing to receive coverage under an insurance policy, except
that an insurer may decline to issue a life insurance policy to an applicant with
a scheduled donation until the applicant is released without complication by the surgeon
to the care of the applicant's primary care physician.
(b) Construction.--Subsection (a)(2) shall not be construed to require an insurance policy form to include
coverage of organ donation.
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