UPDATED
SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2041
As Recommended by House Committee on
Insurance

Brief*
HB 2041 would amend a provision in the unfair trade
practices law to add the refusal to insure or limiting of life
insurance coverage to an individual, solely because of that
individual’s status as a living organ donor, to the list of unfair
methods of competition and unfair or deceptive acts or
practices in the business of insurance.
The bill would specify this “unfair discrimination” to mean
“refusing to insure, or refusing to continue to insure, or
limiting the amount, extent or kind of coverage available for
life insurance to an individual, or charging the individual a
different rate for the same coverage, solely because of such
individual’s status as a living organ donor.”
The bill would further provide that, with respect to all
other conditions, living organ donors shall be subject to the
same standards of sound actuarial principles or actual or
reasonably anticipated experience as persons who are not
organ donors.
The bill would also make technical updates.

Background
The bill was introduced by the House Committee on
Insurance at the request of the National Kidney Foundation
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
(NKF). In the House Committee hearing, persons who were
either a living donor or recipient of kidneys appeared in
support of the bill. These individuals also appeared as NKF
representatives. Another NKF representative provided
statistical information and responded to questions. The
proponents spoke to their personal experiences and the
rigorous evaluation process required of living donors.
Proponents indicated the removal of barriers, such as
discrimination of organ donors when they try to obtain or
change their life insurance coverage, is a critical component
of expanding organ donation. Written-only testimony was
submitted by the chairperson of the Kansas Kidney Coalition
and the Vice President of Government Relations for NKF.
No opponent or neutral testimony was provided.
The bill was passed by the House Committee on
February 6, 2019, but was withdrawn from the House
Calendar and referred to the House Committee on
Appropriations on February 27, 2019. The bill was then
withdrawn from the House Committee on Appropriations and
rereferred to the House Committee on Insurance on March 6,
2019. The House Committee again recommended the bill be
passed on March 13, 2019.
According to the fiscal note prepared by the Division of
Budget, enactment of the bill would have no fiscal effect.


2- 2041


Statutes affected:
As introduced: 40-2404