SB489: Bill Text

Insurance discrimination

This bill prohibits an insurer from refusing to provide or renew coverage to a person, canceling a person's coverage, or limiting a person's coverage under a life insurance policy, long-term care insurance policy, or income continuation insurance policy (collectively, policy) on the basis that the person is a living organ donor or bone marrow donor. Under the bill, insurers may not preclude a person from donating an organ or bone marrow as a condition of issuing a policy to the person. The bill also prohibits an insurer from using the status of a person as a living organ donor or bone marrow donor as a factor in determining rates or any other aspect of insurance coverage under a policy.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB489,1 Section 1. 103.10 (1) (g) (intro.) of the statutes is amended to read:

SB489,2,5 103.10 (1) (g) (intro.) "Serious health condition" means a disabling physical or mental illness, injury, impairment, or condition, including the condition of being in recovery from surgery related to donating bone marrow, as defined in s. 146.34 (1) (a), or a human organ, as defined in s. 230.35 (2d) (a) 2., involving any of the following:

SB489,2 Section 2. 625.12 (1) (e) of the statutes is amended to read:

SB489,3,3 625.12 (1) (e) Subject to s. ss. 631.97 (2) (c) and 632.365, all other relevant factors, including the judgment of technical personnel.

SB489,3 Section 3. 625.12 (2) of the statutes is amended to read:

SB489,3,13 625.12 (2) Classification. Risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed, or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to s. ss. 631.97 (2) (c) and 632.365, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

SB489,4 Section 4. 628.34 (3) (a) of the statutes is amended to read:

SB489,3,21 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 631.97, 632.365, 632.746, and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

SB489,5 Section 5. 631.97 of the statutes is created to read:

SB489,3,24 631.97 Restrictions on insurance practices; living organ donors. (1) Definitions. In this section:

SB489,4,3 (a) "Living organ donor" means a person who, while living, donates one or more of his or her human organs, as defined in s. 146.435 (1) (a), to another human being for human organ transplantation, as defined in s. 146.345 (1) (b).

SB489,4,5 (b) "Policy" means a life insurance policy, long-term care insurance policy, or income continuation insurance policy.

SB489,4,6 (2) General prohibitions. An insurer may not do any of the following:

SB489,4,9 (a) Refuse to issue or renew coverage to a person under a policy, limit the coverage of a person under a policy, or, notwithstanding s. 631.36 (2) (a) 2., cancel a person's coverage under a policy on the basis that the person is a living organ donor.

SB489,4,11 (b) Preclude a person from donating a human organ as a condition of issuing a policy to the person.

SB489,4,13 (c) Consider the status of a person as a living organ donor in the determination of rates or any other aspect of the person's coverage under a policy.

SB489,4,16 (d) Otherwise discriminate in the offering, issuance, cancellation, setting of rates, or any other condition of a policy for a person based solely and without any additional actuarial risks on the person's status as a living organ donor.

SB489,6 Section 6. Initial applicability.

SB489,4,23 (1) Family and Medical leave. The treatment of section 103.10 (1) (g) (intro.) of the statutes first applies to an employee, as defined in section 103.10 (1) (b) of the statutes, who is affected by a collective bargaining agreement that contains provisions that are inconsistent with the treatment of section 103.10 (1) (g) (intro.) of the statutes on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

SB489,4,25 (2) Insurance. The treatment of sections 625.12 (1) (e) and (2), 628.34 (3) (a), and 631.97 of the statutes first applies to all of the following:

SB489,5,2 (a) Except as provided in paragraph (b), policies or certificates that are newly issued or renewed on the effective date of this paragraph.

SB489,5,7 (b) Policies or certificates covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of sections 625.12 (1) (e) and (2), 628.34 (3) (a), and 631.97 of the statutes that are newly issued or renewed on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

SB489,7 Section 7. Effective date.

SB489,5,10 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB489,5,11 (End)