Section 376.1590

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 2020   

  376.1590.  Status as living organ donor not sole factor for insurance coverage. — 1.  As used in this section, the term "insurance policy" means a policy or other contract of life insurance as such term is defined in section 376.365, a policy of accident and sickness insurance as such term is defined in section 376.773, or a long-term care insurance policy as such term is defined in section 376.1100.

  2.  Notwithstanding any provision of law to the contrary, a person's status as a living organ donor shall not be the sole factor in the offering, issuance, cancellation, price, or conditions of an insurance policy, nor in the amount of coverage provided under an insurance policy.

  3.  (1)  The department of commerce and insurance shall provide information to the public on the access of a living organ donor to insurance as specified in this section.  If the department of commerce and insurance receives materials related to live organ donation from a recognized live organ donation organization, the department of commerce and insurance may make the materials available to the public.

  (2)  If the department of health and senior services receives materials related to live organ donation from a recognized live organ donation organization, the department of health and senior services may make the materials available to the public.

  (3)  The department of commerce and insurance and the department of health and senior services may seek and accept gifts, grants, or donations from private or public sources for the purposes of this subsection.

  4.  The director of the department of commerce and insurance may promulgate rules as necessary for the implementation of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2020, shall be invalid and void.

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(L. 2020 S.B. 551)