Legislative Analysis
Phone: (517) 373-8080
PROHIBIT INSURANCE DISCRIMINATION http://www.house.mi.gov/hfa
AGAINST LIVING DONORS
Analysis available at
Senate Bill 384 as reported from House committee http://www.legislature.mi.gov
Sponsor: Sen. Kevin Hertel
House Committee: Health Policy
Senate Committee: Health Policy
Complete to 10-18-23 (Enacted as Public Act 192 of 2023)
SUMMARY:
Senate Bill 384 would amend the Insurance Code to prohibit an insurer from discriminating
against an individual based solely on their status as a living donor.
Living donor would mean an individual who is not dead and who has donated a
tissue or all or part of an organ.
Tissue would mean a portion of the human body that is not an organ, such as an
eye, skin, bone, bone marrow, a heart valve, a spermatozoon, an ovum, an artery, a
vein, a tendon, a ligament, blood, blood derivatives, a pituitary gland, or fluid.
Organ would mean a human kidney, liver, heart, lung, pancreas, esophagus,
stomach, or small or large intestine, a portion of the human gastrointestinal tract, or
another part of the human body designated by the Department of Insurance and
Financial Services (DIFS) by rule.
The prohibition described above would apply to a disability, life, or long-term care
insurance policy or certificate delivered or issued for delivery on or after January 1, 2024.
The prohibition would not apply in cases where there is an additional actuarial risk, as
determined in accordance with sound actuarial principles as well as the insured individual’s
actual and reasonably anticipated experience.
The prohibited discrimination would include denying or canceling coverage, refusing to
issue the policy or certificate, determining the price or premium for the policy or certificate,
or otherwise varying a term or condition of the policy or certificate.
Proposed MCL 500.3406z, 500.3901a, and 500.4002
FISCAL IMPACT:
Senate Bill 384 would not have a fiscal impact on any state or local government units.
House Fiscal Agency Page 1 of 2
POSITIONS:
Representatives of the following entities testified in support of the bill (9-28-23):
• Living Kidney Donation Program, Michigan Medicine
• National Kidney Foundation
The following entities indicated support for the bill (9-28-23):
• Department of Insurance and Financial Services
• Gift of Life Michigan
• Henry Ford Health
• National Down Syndrome Society
• Trinity Health – Michigan
• Life Insurance Association of Michigan
• Michigan Health and Hospital Association
• American Kidney Fund
• National Kidney Foundation of Michigan
Legislative Analyst: Rick Yuille
Fiscal Analyst: Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency SB 384 as reported from House committee Page 2 of 2


Statutes affected:
Senate Introduced Bill: 500.100, 500.8302
As Passed by the Senate: 500.100, 500.8302
As Passed by the House: 500.100, 500.8302
Public Act: 500.100, 500.8302
Senate Enrolled Bill: 500.100, 500.8302