BILL AS INTRODUCED H.590
2024 Page 1 of 3
1 H.590
2 Introduced by Representatives Noyes of Wolcott and Carpenter of Hyde Park
3 Referred to Committee on
4 Date:
5 Subject: Insurance; labor; employment practices; leave; living donors
6 Statement of purpose of bill as introduced: This bill proposes to provide
7 insurance protections and job-protected leave from employment for living
8 donors.
9 An act relating to insurance protections and leave from employment for
10 living donors
11 It is hereby enacted by the General Assembly of the State of Vermont:
12 Sec. 1. 8 V.S.A. § 4724(23) is added to read:
13 (23) Living donors.
14 (A) Unless there is an additional actuarial risk as determined in
15 accordance with sound actuarial principles as well as the individual’s actual
16 and reasonably anticipated experience, an insurer shall not do any of the
17 following with respect to a policy based solely on the individual’s status as a
18 living donor:
19 (i) deny coverage;
20 (ii) cancel coverage;
VT LEG #373193 v.2
BILL AS INTRODUCED H.590
2024 Page 2 of 3
1 (iii) refuse to issue the policy;
2 (iv) determine the price or premium for the policy; or
3 (v) otherwise vary a term or condition of the policy.
4 (B) As used in this subdivision (23):
5 (i) “Living donor” means an individual who is not deceased and
6 who has donated tissue or all or part of an organ, or both.
7 (ii) “Organ” means a human kidney, liver, heart, lung, pancreas,
8 esophagus, stomach, small or large intestine, a portion of the human
9 gastrointestinal tract, or another part of the human body designated by the
10 Commissioner as deemed appropriate.
11 (iii) “Tissue” means a portion of the human body other than an
12 organ, including an eye, skin, bone, bone marrow, a heart valve, a
13 spermatozoon, an ovum, an artery, a vein, a tendon, a ligament, blood, blood
14 derivatives, a pituitary gland, or fluid.
15 (C) This subdivision (23) shall apply to all insurance policies offered,
16 issued, or renewed on or after October 1, 2024.
17 Sec. 2. 21 V.S.A. § 471 is amended to read:
18 § 471. DEFINITIONS
19 As used in this subchapter:
20 ***
VT LEG #373193 v.2
BILL AS INTRODUCED H.590
2024 Page 3 of 3
1 (5)(A) “Serious illness” means an accident, disease, or physical or
2 mental condition that:
3 (A)(i) poses imminent danger of death;
4 (B)(ii) requires inpatient care in a hospital; or
5 (C)(iii) requires continuing in-home care under the direction of a
6 physician.
7 (B)(i) “Serious illness” includes the preparation, surgery, and
8 recovery related to the donation of tissue or all or part of an organ.
9 (ii) As used in this subdivision (5):
10 (I) “Organ” means a human kidney, liver, heart, lung, pancreas,
11 esophagus, stomach, small or large intestine, a portion of the human
12 gastrointestinal tract, or another part of the human body designated by the
13 Commissioner.
14 (II) “Tissue” means a portion of the human body other than an
15 organ, including an eye, skin, bone, bone marrow, a heart valve, a
16 spermatozoon, an ovum, an artery, a vein, a tendon, a ligament, blood, blood
17 derivatives, a pituitary gland, or fluid.
18 Sec. 3. EFFECTIVE DATE
19 This act shall take effect on passage.
VT LEG #373193 v.2
Statutes affected: As Introduced: 21-471