SB3508 103RD GENERAL ASSEMBLY

LRB103 39063 RPS 69200 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3508

Introduced 2/9/2024, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

New Act

Creates the End Organ Harvesting Act. Provides that a health benefit plan issuer may not cover a human organ transplant or post-transplant care if: (1) the transplant operation is performed in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the Director of Public Health; or (2) the human organ to be transplanted was procured by sale or donation originating in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the Director of Public Health. Provides that the Director of Public Health may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting and shall provide written notice to the Secretary of Human Services and the Director of Insurance when the Director of Public Health designates an additional country. Defines "forced organ harvesting". Sets forth provisions concerning applicability and severability.

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. Short title. This Act may be cited as the End Organ Harvesting Act.

Section 3. Purpose. The purpose of this Act is to combat the practice of forcibly harvesting organs from living persons for transplant without free, voluntary consent; bring awareness to China's state-sanctioned practice of forced organ harvesting of prisoners of conscience and other vulnerable persons; and prevent residents of this State from unknowingly involving themselves in forced organ harvesting.

Section 5. Definition. In this Act, "forced organ harvesting" means the removal of one or more organs from a living person, or a person killed for the purpose of removal of one or more organs, by means of coercion, abduction, deception, fraud, or abuse of power or a position of vulnerability.

Section 10. Applicability.

(a) This Act only applies to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual group evidence of coverage or similar coverage document that is offered by:

(1) an insurance company;

(2) a group hospital service corporation;

(3) a health maintenance organization operating under the Health Maintenance Organization Act;

(4) an approved nonprofit health corporation that holds a certificate of authority;

(5) a multiple employer welfare arrangement that holds a certificate of authority;

(6) a stipulated premium company;

(7) a fraternal benefit society operating under Article XXVII of the Illinois Insurance Code;

(8) a domestic Lloyds, foreign Lloyds, or alien Lloyds that holds a certificate of authority under Article V of the Illinois Insurance Code; or

(9) an exchange operating under the Illinois Health Benefits Exchange Law.

(b) Notwithstanding any other law, this Act applies to:

(1) an individual or group policy of accident and health insurance issued under the Illinois Insurance Code;

(2) health benefits under the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Health Maintenance Organization Act, the Limited Health Service Organization Act, and the Voluntary Health Services Plans Act;

(3) the program of health benefits under Article V of the Illinois Public Aid Code; and

(4) the Children's Health Insurance Program.

Section 15. Coverage prohibited.

(a) A health benefit plan issuer may not cover a human organ transplant or post-transplant care if:

(1) the transplant operation is performed in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the Director of Public Health; or

(2) the human organ to be transplanted was procured by sale or donation originating in the People's Republic of China or another country known to have participated in forced organ harvesting, as designated by the Director of Public Health.

(b) The Director of Public Health may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting and shall provide written notice to the Secretary of Human Services and the Director of Insurance when the Director of Public Health designates an additional country.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.