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Committee OKs bill barring insurers from penalizing living organ donors

Senate Insurance & Commerce Committee · February 14, 2019
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Summary

S.B. 309, which prevents life insurers from discriminating against living organ donors when underwriting coverage, passed the Senate committee after testimony from the Arkansas Insurance Department and the National Kidney Foundation volunteer supporters.

The Senate Insurance & Commerce Committee passed S.B. 309, a one-page bill the Arkansas Insurance Department described as protecting living organ donors from adverse underwriting decisions by life insurers. Ryan James, legislative liaison for the department, said several states have enacted similar protections after hearing from the National Kidney Foundation; he recounted instances where living donors were denied or charged higher rates because medical records reflected a single kidney or another organ donation, and argued the law would encourage donation by removing an insurance-related roadblock.

Senator Elliott, who disclosed she has donated a kidney, told the committee medical-record flags such as the entry that identified her kidney as "chronic" can look alarming to underwriters even though donors must be very healthy to qualify. David Oberam, a volunteer with the National Kidney Foundation, testified in favor and said the bill "saves lives" and would reduce downstream Medicare costs.

The sponsor closed, and a motion to pass carried on a voice vote. Committee members praised the bipartisan support and noted the bill is intended to remove a possible disincentive to organ donation.