Michigan Laws 500.4002 – Life insurance policies; discrimination against living donors; prohibition; definitions
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Terms Used In Michigan Laws 500.4002
- Department: means the department of insurance and financial services. See Michigan Laws 500.102
- Donor: The person who makes a gift.
- Insurer: means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds organization, fraternal benefit society, or other legal entity, engaged or attempting to engage in the business of making insurance or surety contracts. See Michigan Laws 500.106
(1) This section applies to life insurance policies or certificates delivered or issued for delivery after December 31, 2023.
(2) Unless there is an additional actuarial risk, as determined in accordance with sound actuarial principles as well as the individual’s actual and reasonably anticipated experience, an insurer shall not do any of the following with respect to a life insurance policy or certificate based solely on the individual’s status as a living donor:
(a) Deny coverage.
(b) Cancel coverage.
(c) Refuse to issue the policy or certificate.
(d) Determine the price or premium for the policy or certificate.
(e) Otherwise vary a term or condition of the policy or certificate.
(3) As used in this section:
(a) “Living donor” means an individual who is not deceased and has donated any of the following:
(i) All or part of an organ.
(ii) A tissue.
(b) “Organ” means a human kidney, liver, heart, lung, pancreas, esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another part of the human body designated by the department by rule.
(c) “Tissue” means a portion of the human body other than an organ, including, but not limited to, an eye, skin, bone, bone marrow, a heart valve, a spermatozoon, an ova, an artery, a vein, a tendon, a ligament, blood, blood derivatives, a pituitary gland, or fluid.