2023 Colorado Revised Statutes › Title 10 - INSURANCE (§§ 10-1-101 — 10-23-110) › GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Article 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-312) › Part 1 - GENERAL PROVISIONS (§§ 10-1-101 — 10-1-145) › Section 10-1-142 - Prohibition on denial of coverage or increase in premiums of insurance for living organ donors - commissioner to enforce - short title - definitions

(1)
The short title of this section is the "Living Donor Protection Act of 2019".
(2)
Notwithstanding any other law, a person subject to regulation by the division pursuant to this title 10 shall not:
(a)
Decline or limit coverage of a person under a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance due to the status of the person as a living organ donor;
(b)
Preclude a person from donating all or part of an organ as a condition of receiving a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance;
(c)
Consider the status of a person as a living organ donor in determining the premium rate for coverage of the person under a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance; or
(d)
Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance for a person based solely and without any additional actuarial risks upon the status of the person as a living organ donor.
(3)
The commissioner may use any of the commissioner's enforcement powers to obtain a person's compliance with this section.
(4)
(a)
The division shall provide information to the public on the access of a living organ donor to insurance as specified in this section. If the division receives materials related to live organ donation from a recognized live organ donation organization, the division shall make the materials available to the public.
(b)
If the department of public health and environment receives materials related to live organ donation from a recognized live organ donation organization, the department of public health and environment shall make the materials available to the public.
(c)
The division and the department of public health and environment may seek and accept gifts, grants, or donations from private or public sources for the purposes of this subsection (4).
(5)
As used in this section:
(a)
"Disability income insurance" means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents the person from working.
(b)
"Health insurance" means a health benefit plan as defined in section
10-16-102(32)
.
(c)
"Life insurance" has the same meaning as set forth in section
10-7-301.5(5)
.
(d)
"Living organ donor" means a living person who has donated all or part of an organ.
(e)
"Long-term care insurance" has the same meaning as set forth in section
10-19-103(5)
.
Added by 2019 Ch. 367,§ 1, eff. 8/2/2019.
L. 2019: Entire section added, (HB 19-1253), ch. 3368, p. 3368, § 1, effective August 2.
Section 2 of chapter 367 (HB 19-1253), Session Laws of Colorado 2019, provides that the act adding this section applies to policies and contracts entered into or renewed on or after August 2, 2019.