C.R.S. 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)

Intentionally left blank —Ed.

(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).

Source: 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, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-10.­pdf (accessed Oct. 20, 2023).

10‑1‑101
Legislative declaration 10‑1‑102
Definitions 10‑1‑103
Division of insurance - division of insurance cash fund created - division subject to repeal - repeal of functions 10‑1‑104
Commissioner of insurance - other employees 10‑1‑105
Actuary 10‑1‑106
Oath required of insurance commissioner and actuary 10‑1‑107
Personal fees prohibited 10‑1‑108
Duties of commissioner - reports - publications - fees - disposition of funds - adoption of rules - examinations and investigations 10‑1‑109
Rules of commissioner 10‑1‑110
Grounds and procedure for suspension or revocation of certificate or license of entities 10‑1‑111
Invoking aid of courts 10‑1‑112
Policy conditions required by other states 10‑1‑113
No seal required on policies 10‑1‑114
Sale of premium notes prohibited 10‑1‑115
Penalty 10‑1‑116
Defamation of other companies - penalty 10‑1‑117
Company unauthorized in other states 10‑1‑118
Foreign companies - unsatisfied judgments - suspension 10‑1‑119
Insurance vending machines prohibited 10‑1‑120
Reporting of medical malpractice claims 10‑1‑120.5
Reporting of malpractice claims against nurses 10‑1‑121
Reporting of malpractice claims against physical therapists 10‑1‑122
Reporting of malpractice claims against architects 10‑1‑123
Reporting of claims against plumbers 10‑1‑124
Reporting of podiatric malpractice claims 10‑1‑125
Reporting of malpractice claims against optometrists 10‑1‑125.3
Reporting of malpractice claims against pharmacists and pharmacies 10‑1‑125.5
Reporting of malpractice claims against naturopathic doctors 10‑1‑125.7
Reporting of malpractice claims against audiologists 10‑1‑126
Training program for persons working with the aging 10‑1‑127
Discretionary use of administrative law judges 10‑1‑128
Fraudulent insurance acts - immunity for furnishing information relating to suspected insurance fraud - legislative declaration 10‑1‑129
Fraudulent insurance acts - enforcement 10‑1‑130
Availability of sickness, health, and accident insurance 10‑1‑131
Duties to third parties - rules 10‑1‑132
Oversight of the general assembly 10‑1‑133
Consumer insurance council - creation - advisory body - appointment of members - meetings - repeal 10‑1‑134
Office of insurance ombudsman - plan - report to joint budget committee 10‑1‑135
Reimbursement for benefits - limitations - notice - definitions - legislative declaration 10‑1‑136
Insurance policies - language other than English - definitions 10‑1‑137
Electronic delivery of documents - when permitted - definitions - consent - construction with other laws 10‑1‑138
Internet posting of standard insurance provisions - conditions - notice of revisions 10‑1‑139
Confidentiality 10‑1‑140
Subpoena authority 10‑1‑141
Investigations - rules 10‑1‑142
Prohibition on denial of coverage or increase in premiums of insurance for living organ donors - commissioner to enforce - short title - definitions 10‑1‑144
Cost to reconstruct a home - annual report - homeowner’s insurance affordability study - rules 10‑1‑201
Legislative declaration 10‑1‑202
Definitions 10‑1‑203
Authority, scope, and scheduling of examinations 10‑1‑204
Conduct of examinations - conferences - penalty 10‑1‑205
Financial examination reports 10‑1‑206
Conflict of interest 10‑1‑207
Immunity from liability - prohibited activity 10‑1‑217
Coordination with other states through NAIC 10‑1‑218
Additional duties of commissioner 10‑1‑301
Legislative declaration 10‑1‑302
Definitions 10‑1‑303
Market analysis - market conduct surveillance 10‑1‑304
Authority and scope of market conduct surveillance - rules - penalty 10‑1‑305
Market conduct examinations 10‑1‑306
Market conduct surveillance personnel 10‑1‑307
Immunity from liability - prohibited activity 10‑1‑308
Rules 10‑1‑309
Confidentiality requirements 10‑1‑310
Fines and penalties 10‑1‑311
Participation in national market conduct databases 10‑1‑312
Coordination with other states through NAIC
Green check means up to date. Up to date

Current through Fall 2024

§ 10-1-142’s source at colorado​.gov