[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 186 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 186

   To amend the Employee Retirement Income Security Act of 1974, the 
  Public Health Service Act, and the Internal Revenue Code of 1986 to 
  provide health insurance protections for individuals who are living 
                             organ donors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2003

Mr. DeWine (for himself and Mr. Durbin) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Employee Retirement Income Security Act of 1974, the 
  Public Health Service Act, and the Internal Revenue Code of 1986 to 
  provide health insurance protections for individuals who are living 
                             organ donors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Living Organ Donor Protections 
Act''.

SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) Living Organ Donation Protected by Limits on Preexisting 
Condition.--Section 701(b)(1)(A) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1181(b)(1)(A)) is amended by inserting 
``(including the living donation of an organ or a condition resulting 
from the donation of an organ by a living organ donor)'' after 
``relating to a condition''.
    (b) Prohibition on Discrimination Based on Health Status.--
            (1) Enrollment.--Section 702(a)(1) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)) 
        is amended by adding at the end the following:
                    ``(I) Living organ donor status.''.
            (2) Premiums.--Section 702(b) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by 
        adding at the end the following:
            ``(3) No discrimination in group premiums based on organ 
        donation.--For purposes of this section, a group health plan, 
        or a health insurance issuer offering group health insurance 
        coverage in connection with a group health plan, shall not 
        adjust premium or contribution amounts for a group on the basis 
        of the living organ donor status of an individual in the group 
        or a family member of the individual.''.
    (c) Definition.--Section 733(d) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191b(d)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2), the following:
            ``(3) Living organ donor.--The term `living organ donor' 
        means, with respect to coverage, any individual who donates all 
        or part of an organ, as defined by section 374(d)(2) of the 
        Public Health Service Act.''.

SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Living Organ Donation Protected by Limits on Preexisting 
Condition.--Section 2701(b)(1)(A) of the Public Health Service Act (42 
U.S.C. 300gg(b)(1)(A)) is amended by inserting ``(including the living 
donation of an organ or a condition resulting from the donation of an 
organ by a living organ donor)'' after ``relating to a condition''.
    (b) Prohibition on Discrimination Based on Health Status.--
            (1) Enrollment.--Section 2702(a)(1) of the Public Health 
        Service Act (42 U.S.C. 300gg-1(a)(1)) is amended by adding at 
        the end the following:
                    ``(I) Living organ donor status.''.
            (2) Premiums.--Section 2702(b) of the Public Health Service 
        Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the 
        following:
            ``(3) No discrimination in group premiums based on organ 
        donation.--For purposes of this section, a group health plan, 
        or a health insurance issuer offering group health insurance 
        coverage in connection with a group health plan, shall not 
        adjust premium or contribution amounts for a group on the basis 
        of the living organ donor status of an individual in the group 
        or a family member of the individual.''.
    (c) Definition.--Section 2791(d) of the Public Health Service Act 
(42 U.S.C. 300gg-91(d)) is amended--
            (1) by redesignating paragraphs (10) through (14) as 
        paragraphs (11) through (15), respectively; and
            (2) by inserting after paragraph (9), the following:
            ``(10) Living organ donor.--The term `living organ donor' 
        means, with respect to coverage, any individual who donates all 
        or part of an organ, as defined by section 374(d)(2).''.

SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Living Organ Donation Protected by Limits on Preexisting 
Condition.--Section 9801(b)(1)(A) of the Internal Revenue Code of 1986 
is amended by inserting ``(including the living donation of an organ or 
a condition resulting from the donation of an organ by a living organ 
donor)'' after ``relating to a condition''.
    (b) Prohibition on Discrimination Based on Health Status.--
            (1) Enrollment.--Section 9802(a)(1) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following:
                    ``(I) Living organ donor status.''.
            (2) Premiums.--Section 9802(b) of the Internal Revenue Code 
        of 1986 is amended by adding at the end the following:
            ``(3) No discrimination in group premiums based on organ 
        donation.--For purposes of this section, a group health plan 
        shall not adjust premium or contribution amounts for a group on 
        the basis of the living organ donor status of an individual in 
        the group or a family member of the individual.''.
    (c) Definition.--Section 9832(d) of the Internal Revenue Code of 
1986 is amended--
            (1) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively; and
            (2) by inserting after paragraph (2), the following:
            ``(3) Living organ donor.--The term `living organ donor' 
        means, with respect to coverage, any individual who donates all 
        or part of an organ, as defined by section 374(d)(2) of the 
        Public Health Service Act.''.

SEC. 5. REGULATIONS AND EFFECTIVE DATE.

    (a) Regulations.--The Secretary of Labor, the Secretary of Health 
and Human Services, and the Secretary of the Treasury shall promulgate 
regulations necessary to carry out the amendments made by this Act as 
such amendments apply to each such respective Secretary.
    (b) Effective Date.--The amendments made by this Act shall apply to 
group health plans and health insurance coverage with respect to plan 
years beginning on or after January 1, 2004.
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