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.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 626.97075, Florida Statutes, is created
   16  to read:
   17         626.97075Life 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.