48.02.240  <<  48.02.250 >>   48.02.260

Living organ donorsDiscrimination prohibited.

(1) Notwithstanding any other provision of law, all insurers, fraternal benefit societies, health carriers including disability insurers, health maintenance organizations, and health care service contractors, and limited health care service contractors may not:
(a) Decline or limit coverage of a person under a policy or contract solely due to the status of the person as a living organ donor;
(b) Preclude a person from donating all or part of an organ as a condition of receiving or continuing to receive a policy or contract; or
(c) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of a policy or contract for a person based solely and without any additional actuarial risks upon the status of the person as a living organ donor. Except as provided in RCW 48.43.0128, 48.44.220, or 48.46.370, this subsection does not prohibit fair discrimination on the basis of sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.
(2) The commissioner shall make educational materials available to the health plans and the public on the access of living organ donors to insurance.
(3) The commissioner may adopt rules to implement this section.
(4) For purposes of this section, "living organ donor" means an individual who has donated all or part of an organ and is not deceased.
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