HB5933 100TH GENERAL ASSEMBLY

LRB100 22595 SMS 41568 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5933

Introduced , by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:

5 ILCS 327/20
215 ILCS 5/155.46 new
625 ILCS 5/6-117	from Ch. 95 1/2, par. 6-117

Amends the Organ Donor Leave Act. Provides that an employer shall not retaliate against an employee for requesting or obtaining a leave of absence to donate blood, an organ, or bone marrow. Amends the Illinois Insurance Act. Provides prohibitions on denial of coverage and costs of premiums for living organ donors for life insurance, disability insurance, and long-term care insurance policies. Amends the Illinois Vehicle Code. Requires the Secretary of State to review and update certain public service announcements, websites, and other media relating to live organ donation to educate the public on the benefits of live organ donation and the impact of live organ donation on access to insurance. Effective January 1, 2019.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Living Donor Protection Act.

Section 5. The Organ Donor Leave Act is amended by changing Section 20 as follows:

(5 ILCS 327/20)

Sec. 20. Administration of Act.

(a) A participating employee subject to this Act who wishes to donate blood, an organ, or bone marrow shall request in advance leave under this Act.

(b) An employee may use (i) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow donor, (ii) up to 30 days of organ donation leave in any 12-month period to serve as an organ donor, (iii) up to one hour to donate blood, (iv) up to 1.5 hours to donate double red cells, and (v) up to 2 hours to donate blood platelets. The frequency of the blood donation times shall be set by rule in accordance with appropriate medical standards established by the American Red Cross, America's Blood Centers, the American Association of Blood Banks, or other nationally-recognized standards.

(c) An employee may use organ donation leave or other leave authorized in subsection (b) of this Section only after obtaining approval from the employee's agency.

(d) An employee may not be required to use accumulated sick or vacation leave time before being eligible for organ donor leave.

(e) The Department must adopt rules governing organ donation leave, including rules that (i) establish conditions and procedures for requesting and approving leave and (ii) require medical documentation of the proposed organ or bone marrow donation before leave is approved by the employing agency.

(f) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence as provided by this Section.

(Source: P.A. 98-758, eff. 7-16-14.)

Section 10. The Illinois Insurance Code is amended by adding Section 155.46 as follows:

(215 ILCS 5/155.46 new)

Sec. 155.46. Prohibition on denial of coverage or increase in premiums for living organ donors.

(a) As used in this Section:

"Human organ" means all or part of a human's liver, pancreas, kidney, intestine, lung, blood, plasma, skin, or bone marrow.

"Living organ donor" means an individual who has donated all or part of a human organ and is not deceased.

"Disability insurance policy" 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 that person from working.

"Life insurance policy" means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.

"Long-term care insurance policy" means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services.

(b) Notwithstanding any other provision of law, it shall be unlawful to:

(1) decline or limit coverage of a person under a life insurance policy, disability insurance policy, or long-term care insurance policy due to the status of that person as a living organ donor;

(2) preclude a person from donating all or part of a human organ as a condition of receiving a life insurance policy, disability insurance policy, or long-term care insurance policy;

(3) consider the status of a person as a living organ donor in determining the premium rate for coverage of that person under a life insurance policy, disability insurance policy, or long-term care insurance policy; or

(4) otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely and without any additional actuarial risks upon the status of that person as a living organ donor.

(c) The Department may take actions to enforce subsection (b) as are specifically authorized under the laws of the State.

Section 15. The Illinois Vehicle Code is amended by changing Section 6-117 as follows:

(625 ILCS 5/6-117) (from Ch. 95 1/2, par. 6-117)

Sec. 6-117. Records to be kept by the Secretary of State.

(a) The Secretary of State shall file every application for a license or permit accepted under this Chapter, and shall maintain suitable indexes thereof. The records of the Secretary of State shall indicate the action taken with respect to such applications.

(b) The Secretary of State shall maintain appropriate records of all licenses and permits refused, cancelled, disqualified, revoked, or suspended and of the revocation, suspension, and disqualification of driving privileges of persons not licensed under this Chapter, and such records shall note the reasons for such action.

(c) The Secretary of State shall maintain appropriate records of convictions reported under this Chapter. Records of conviction may be maintained in a computer processible medium.

(d) The Secretary of State may also maintain appropriate records of any accident reports received.

(e) The Secretary of State shall also maintain appropriate records of any disposition of supervision or records relative to a driver's referral to a driver remedial or rehabilitative program, as required by the Secretary of State or the courts. Such records shall only be available for use by the Secretary, the driver licensing administrator of any other state, law enforcement agencies, the courts, and the affected driver or, upon proper verification, such affected driver's attorney.

(f) The Secretary of State shall also maintain or contract to maintain appropriate records of all photographs and signatures obtained in the process of issuing any driver's license, permit, or identification card. The record shall be confidential and shall not be disclosed except to those entities listed under Section 6-110.1 of this Code.

(g) The Secretary of State may establish a First Person Consent organ and tissue donor registry in compliance with subsection (b-1) of Section 5-20 of the Illinois Anatomical Gift Act, as follows:

(1) The Secretary shall offer, to each applicant for issuance or renewal of a driver's license or identification card who is 16 years of age or older, the opportunity to have his or her name included in the First Person Consent organ and tissue donor registry. The Secretary must advise the applicant or licensee that he or she is under no compulsion to have his or her name included in the registry. An individual who agrees to having his or her name included in the First Person Consent organ and tissue donor registry has given full legal consent to the donation of any of his or her organs or tissue upon his or her death. A brochure explaining this method of executing an anatomical gift must be given to each applicant for issuance or renewal of a driver's license or identification card. The brochure must advise the applicant or licensee (i) that he or she is under no compulsion to have his or her name included in this registry and (ii) that he or she may wish to consult with family, friends, or clergy before doing so.

(2) The Secretary of State may establish additional methods by which an individual may have his or her name included in the First Person Consent organ and tissue donor registry.

(3) When an individual has agreed to have his or her name included in the First Person Consent organ and tissue donor registry, the Secretary of State shall note that agreement in the First Person consent organ and tissue donor registry. Representatives of federally designated organ procurement agencies and tissue banks and the offices of Illinois county coroners and medical examiners may inquire of the Secretary of State whether a potential organ donor's name is included in the First Person Consent organ and tissue donor registry, and the Secretary of State may provide that information to the representative.

(4) An individual may withdraw his or her consent to be listed in the First Person Consent organ and tissue donor registry maintained by the Secretary of State by notifying the Secretary of State in writing, or by any other means approved by the Secretary, of the individual's decision to have his or her name removed from the registry.

(5) The Secretary of State may undertake additional efforts, including education and awareness activities, to promote organ and tissue donation.

(6) In the absence of gross negligence or willful misconduct, the Secretary of State and his or her employees are immune from any civil or criminal liability in connection with an individual's consent to be listed in the organ and tissue donor registry.

(7) No later than July 1, 2019, the Secretary of State shall review and update materials related to live organ donation in order to educate the public on:

(A) the benefits of live organ donation; and

(B) the impact of live organ donation on the access of a living organ donor to insurance.

Such updating shall include information from Section 155.46 of the Illinois Insurance Code.

(8) In carrying out paragraph (7), the Secretary of State shall update, as appropriate:

(A) public service announcements previously provided by the Secretary of State;

(B) publicly accessible websites that are maintained by the Secretary of State and that contain information and resources regarding live organ donation; and

(C) other media as deemed appropriate by the Secretary of State.

(Source: P.A. 100-41, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect January 1, 2019.