Relating to health insurance for living organ donors

HB 4348 Text

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Introduced Version

House Bill 4348 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4348
By Delegate Burkhammer
[Introduced January 15, 2026; referred to the Committee on Finance]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §33-57-2, relating to health insurance for living organ donors; prohibiting certain actions; and defining terms.
Be it enacted by the Legislature of West Virginia:

ARTICLE 57. REQUIRED COVERAGE FOR HEALTH INSURANCE.

§33-57-2. Prohibition on denial of coverage, increase in premiums, or cancellation of sickness, disability, or long-term care insurance for living organ donors.

(a) For purposes of this section, the term "living organ donor" means an individual who has donated all or part of an organ and is not deceased.
(b) Notwithstanding the provisions of §33-1-1
et seq.
, an insurer subject to §33-15-1
et seq
., §33-16-1
et seq.
, §33-24-1
et seq.
, §33-25-1
et seq.
, or §33-25A-1
et seq.
of this code

which issues or renews a health insurance policy on or after July 1, 2026, may not:
(1) Decline or limit coverage of a person under any sickness, disability, or long-term care insurance policy solely due to the status of such person as a living organ donor;
(2) Preclude an insured from donating all or part of an organ as a condition of continuing to receive a sickness, disability, or long-term care insurance policy; or
(3) Otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a sickness, disability, or long-term care insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.

NOTE: The purpose of this bill is to prohibit the denial, cancellation, or other discrimination in policies of life insurance, sickness, disability, or long-term care insurance due to the status of the insured as a living organ donor.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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