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H. 4537
STATUS INFORMATION
General Bill
Sponsors: Reps. Jefferson and R. Williams
Document Path: l:\council\bills\jn\3427ph22.docx
Companion/Similar bill(s): 4839
Introduced in the House on January 11, 2022
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Kidney donation
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/10/2021 House Prefiled
11/10/2021 House Referred to Committee on Labor, Commerce and Industry
1/11/2022 House Introduced and read first time (House Journal-page 47)
1/11/2022 House Referred to Committee on Labor, Commerce and Industry
(House Journal-page 47)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-110 SO AS TO PROHIBIT ISSUERS OF INDIVIDUAL LIFE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING KIDNEY DONORS; BY ADDING SECTION 38-65-130 SO AS TO PROHIBIT ISSUERS OF GROUP LIFE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING KIDNEY DONORS; BY ADDING SECTION 38-71-105 SO AS TO PROHIBIT ISSUERS OF DISABILITY INCOME INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING KIDNEY DONORS; BY ADDING SECTION 38-72-110 SO AS TO PROHIBIT ISSUERS OF LONG TERM CARE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING KIDNEY DONORS; AND BY ADDING SECTION 41-1-140 SO AS TO REQUIRE EMPLOYERS TO EXTEND BENEFITS OF THE FAMILY MEDICAL LEAVE ACT OF 2003 TO INDIVIDUALS UNDERGOING SURGERY RELATED TO KIDNEY DONATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Kidney Donor Protection Act".
SECTION 2. Article 1, Chapter 63, Title 38 of the 1976 Code is amended by adding:
"Section 38-63-110. (A) Notwithstanding another provision of law, an individual life insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any life insurance policy solely due to the status of such person as a living kidney donor;
(2) preclude an insured from donating all or part of a kidney as a condition of continuing to receive a life insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living kidney donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Life insurance policy' means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(2) 'Living kidney donor' means an individual who has donated all or part of his kidney and is not deceased."
SECTION 3. Article 1, Chapter 65, Title 38 of the 1976 Code is amended by adding:
"Section 38-65-130. (A) Notwithstanding another provision of law, a group life insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any life insurance policy solely due to the status of such person as a living kidney donor;
(2) preclude an insured from donating all or part of a kidney as a condition of continuing to receive a life insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living kidney donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Life insurance policy' means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(2) 'Living kidney donor' means an individual who has donated all or part of his kidney and is not deceased."
SECTION 4. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-105. (A) Notwithstanding another provision of law, a disability income insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any disability income insurance policy solely due to the status of such person as a living kidney donor;
(2) preclude an insured from donating all or part of a kidney as a condition of continuing to receive a disability income insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a disability income insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living kidney donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Disability income insurance policy' means a contract under which an entity promises to pay an insured a sum of money in the event that an illness or injury resulting in a disability prevents the insured from working.
(2) 'Living kidney donor' means an individual who has donated all or part of his kidney and is not deceased."
SECTION 5. Chapter 72, Title 38 of the 1976 Code is amended by adding:
"Section 38-72-110. (A) Notwithstanding another provision of law, a long term care insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any long term care insurance policy solely due to the status of such person as a living kidney donor;
(2) preclude an insured from donating all or part of a kidney as a condition of continuing to receive a long term care insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a long term care insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living kidney donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Long term care insurance policy' means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services.
(2) 'Living kidney donor' means an individual who has donated all or part of his kidney and is not deceased."
SECTION 6. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-140. All employers subject to the Family Medical Leave Act of 1993 in this State must provide the protections provided in 29 U.S.C. Section 2611 to any individual who is recovering from surgery related to kidney donation."
SECTION 7. This act takes effect upon approval by the Governor.
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January 24, 2022 at 9:16 AM