LEGISLATIVE GENERAL COUNSEL S.B. 262
6 Approved for Filing: A. Houston 6
6 02-19-24 10:29 AM 6
1 ORGAN TRANSPLANT AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael K. McKell
5 House Sponsor: Candice B. Pierucci
6
7 LONG TITLE
8 General Description:
9 This bill addresses forced organ harvesting.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < prohibits an issuer of accident and health insurance from covering a human organ
14 transplant or post-transplant care under certain circumstances;
15 < authorizes a deputy director from the Department of Health and Human Services to
16 designate a country known to have participated in forced organ harvesting; and
17 < provides a severability clause.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 31A-22-660, Utah Code Annotated 1953
25
S.B. 262
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 31A-22-660 is enacted to read:
*SB0262*
 S.B. 262 02-19-24 10:29 AM
28 31A-22-660. Definitions -- Prohibitions concerning organ harvesting --
29 Severability.
30 (1) As used in this section, "forced organ harvesting" means the removal of one or
31 more organs from a living individual, or from an individual killed for the purpose of removal
32 of one or more of the individual's organs, by means of coercion, abduction, deception, fraud, or
33 abuse of power or a position of vulnerability.
34 (2) An issuer of accident and health insurance may not cover a human organ transplant
35 or post-transplant care if:
36 (a) the human organ transplant operation is performed in the People's Republic of
37 China or any other country known to have participated in forced organ harvesting, as
38 designated pursuant to Subsection (3); or
39 (b) the human organ to be transplanted was procured by sale or donation originating in
40 the People's Republic of China or any other country known to have participated in forced organ
41 harvesting, as designated pursuant to Subsection (3).
42 (3) (a) The deputy director of the Department of Health and Human Services described
43 in Subsection 26B-1-203(4) may designate additional countries with governments that fund,
44 sponsor, or otherwise facilitate forced organ harvesting.
45 (b) If the deputy director designates an additional country under Subsection (3)(a), the
46 deputy director shall provide written notice to the executive director of the Department of
47 Health and Human Services and the insurance commissioner.
48 (4) If any provision of this section or the application of any provision of this section to
49 any person or circumstance is held to be invalid, the remainder of this section shall be given
50 effect without the invalid provision or application. The provisions of Section 31A-22-660 are
51 severable.
52 Section 2. Effective date.
53 This bill takes effect on May 1, 2024.
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