An Act To Incorporate Protections for Living Donors into Maine Law
Maine Legislature, Session 128, LD 0012
Committee: Insurance and Financial Services
Sponsors: NADEAU, DIAMOND, FARNSWORTH, HICKMAN, LONGSTAFF, SCHNECK, TUELL, CHIPMAN, COLLINS, DION
Amends: 22 MRSA §1643, 24-A MRSA §2159-D

Legislative Document
No. 12
H.P. 13
House of Representatives, January 5, 2017
An Act To Incorporate Protections for Living Donors into Maine 
Law
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative NADEAU of Winslow.
Cosponsored by Senator DIAMOND of Cumberland and
Representatives: FARNSWORTH of Portland, HICKMAN of Winthrop, LONGSTAFF of 
Waterville, SCHNECK of Bangor, TUELL of East Machias, Senators: CHIPMAN of 
Cumberland, COLLINS of York, DION of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1643 is enacted to read: 
§1643.  Live organ donation 
1.  Definition.   For the purposes of this section, "live organ donation" means the 
donation by an individual who is not deceased of all or part of an organ from that 
individual. 
2.  Information and education. The department shall establish, maintain and operate 
an information service in order to educate the public on live organ donation.  The 
information provided must include, but is not limited to, a description of the benefits of 
live organ donation and the impact of live organ donation on the access of a living organ 
donor to insurance.  
3.  Methods of providing information.  The department shall make information 
about live organ donation available by using the following methods: 
A.  A publicly accessible website maintained and updated by the department;  
B.  Public service announcements; and  
C.  Other media as determined by the department.  
Sec. 2.  24-A MRSA §2159-D is enacted to read: 
§2159-D.  Discrimination against live organ donation prohibited in life insurance, 
disability insurance and long-term care insurance  
1.  Living organ donor.  For the purposes of this section, "living organ donor" means 
an individual who is not deceased who donates all or part of an organ from that 
individual. 
2.  Discrimination prohibited.  Notwithstanding any other provision of law, an 
insurer authorized to do business in this State may not:  
A.  Limit coverage or refuse to issue or renew coverage of an individual under any 
life insurance, disability insurance or long-term care insurance policy due to the 
status of that individual as a living organ donor;  
B.  Preclude an individual from donating all or part of an organ as a condition of 
receiving coverage under a life insurance, disability insurance or long-term care 
insurance policy;  
C.  Consider the status of an individual as a living organ donor in determining the 
premium rate for coverage of that individual under a life insurance, disability 
insurance or long-term care insurance policy; or  
D.  Otherwise discriminate in the offering, issuance, cancellation, amount of 
coverage, price or any other condition of a life insurance, disability insurance or 
long-term care insurance policy based solely and without any additional actuarial risk 
upon the status of an individual as a living organ donor.  
SUMMARY 
This bill prohibits a denial of coverage or an increase in insurance premiums for life 
insurance, disability insurance or long-term care insurance for living organ donors.  The 
bill also requires the Department of Health and Human Services to establish, maintain 
and operate an information service to educate the public on live organ donation.