HB 421 — Insurance; discrimination based on status as living organ donor prohibited.
Last action — Approved by Governor-Chapter 649 (effective 1/1/23)
-
✓Introduced
-
✓In Committee
-
✓Passed House of Delegates
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
2 sponsors
1 primary, 1 co-sponsors signed on.
-
Mixed recorded votes
9 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Living organ donors; discrimination prohibited. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The provisions of the bill apply to such insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023. This bill is identical to SB 271.
Bill Text
What changed in the latest version
72 added · 70 removedPlain-language change summary
The amended text of § 38.2-508 of the Code of Virginia now specifically includes a prohibition against discrimination based on an individual's status as a living organ donor. This means that insurance practices cannot unfairly discriminate against living organ donors in terms of rates, benefits, or other conditions related to insurance coverage. This change is significant as it provides additional protection for living organ donors against potential unfair treatment by insurance companies.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E649 An Act to amend and reenact § 38.2-508 of the Code of Virginia, relating to insurance;
R O [H 421] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E § 38.2-508.
DNo 1.person shall:
Unfairly1. discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates charged for any life insurance or annuity contract, or (ii) in the dividends or other benefits payable on the contract, or (iii) in any other of the terms and conditions of the contract;
Unfairly discriminate or permit any unfair discrimination between individuals of the same class and equal expectation of life (i) in the rates charged for any life insurance or annuity contract, or (ii) in the dividends or other benefits payable on the contract, or (iii) in any other of the terms and conditions of 2.
Unfairly discriminate or permit any unfair discrimination between individuals of the same class and of essentially the same hazard (i) in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance, (ii) in the benefits payable under such polHcypolicy or contract, (iii) in any of the terms or conditions of such policy or contract, or (iv) in any ot4erother manner;
coverage3. available to an individual, or charge an individual a different rate for the same coverage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusal, limitation or rate differential is based on sound actuarial principles.
Refuse to insure, refuse to continue to insure, or limit the amount, extent or kind of insurance coverage available to an individual, or charge an individual a different rate for the same coverage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusal, limitation or rate differential is based on sound actuarial principles.
Unfairly discriminate or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage solely because of the geographic location of the individual or risk, unla.unless:
a.
The refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair disb.discrimination;
or b.
Consider the status of a victim of domestic violence as a criterion in any decision with regard to insurance underwriting, pricing, renewal, scope of coverage, or payment of claims on any and all insurance defined in § 38.2-100 and further classified in Article 2 (§ 38.2-101 et seq.) of Chapter 1 of this title, other than (i) legal services plans as provided for in Chapter 44 (§ 38.2-4400 et seq.) of this title and (ii) the insurance classified in §§ 38.2-110 through 38.2-133.
Engaging in a course of conduct or repeatedly committing acts toward another person, including fearfollowing ofthe bodilyperson injurywithout orproper physicalauthority, harm;hority, under circumstances that place the person in reasonable c.fear of bodily injury or physical harm;
c.
or of 2 d.
of 2 Nothing in this subsection shall prohibit an insurer or insurance professional from asking about a medical condition or from using medical information to underwrite or to carry out its duties under an insurance policy even if the medical information is related to a medical condition that the insurer or insurance professional knows or has reason to know resulted from domestic violence, to the extent otherwise permitted under this section and other applicable law;
Refuse to insure, refuse to continue to insure, or limit the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual,individual or charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor.
View plain text versions (4)
- CHAP0649 View text Current pdf April 11, 2022
- HB421ER View text pdf March 21, 2022
- Committee Substitute Committee substitute printed 22106801D-S1 pdf February 21, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101025D pdf January 11, 2022
Action History
-
Approved by Governor-Chapter 649 (effective 1/1/23)
-
Impact statement from SCC (HB421ER)
-
Governor's Action Deadline 11:59 p.m., April 11, 2022
-
Enrolled Bill communicated to Governor on March 22, 2022
-
Signed by Speaker
-
Signed by President
-
Enrolled
-
Conference report agreed to by Senate (40-Y 0-N)
-
VOTE: Adoption (97-Y 0-N)
-
Conference report agreed to by House (97-Y 0-N)
-
Amended by conference committee
-
Conferees appointed by House
-
Conferees appointed by Senate
-
House acceded to request
-
Senate requested conference committee
-
Senate insisted on substitute (40-Y 0-N)
-
Passed by for the day
-
VOTE: Rejected (0-Y 98-N)
-
Senate substitute rejected by House 22106801D-S1 (0-Y 98-N)
-
Impact statement from SCC (HB421S1)
-
Passed Senate with substitute (40-Y 0-N)
-
Engrossed by Senate - committee substitute HB421S1
-
Committee substitute agreed to 22106801D-S1
-
Reading of substitute waived
-
Read third time
-
Constitutional reading dispensed (40-Y 0-N)
-
Committee substitute printed 22106801D-S1
-
Reported from Commerce and Labor with substitute (15-Y 0-N)
-
Referred to Committee on Commerce and Labor
-
Constitutional reading dispensed
-
VOTE: Block Vote Passage (98-Y 0-N)
-
Read third time and passed House BLOCK VOTE (98-Y 0-N)
-
Read second time and engrossed
-
Read first time
-
Reported from Commerce and Energy (22-Y 0-N)
-
Subcommittee recommends reporting (8-Y 0-N)
-
Assigned sub: Subcommittee #1
-
Impact statement from SCC (HB421)
-
Referred to Committee on Commerce and Energy
-
Prefiled and ordered printed; offered 01/12/22 22101025D
Sponsors
- Karrie K. Delaney · Primary
- Dan I. Helmer · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 93 voted No
Sponsors (1)
- Karrie K. Delaney Voted No
Co-sponsors (1)
- Dan I. Helmer Voted No
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 97 | 0 | 2 |
| Total | 0 | 97 | 0 | 2 |
| % of votes cast | 0% | 98% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Not Voting |
| Don Scott | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
Subjects
Frequently asked questions
- What does HB 421 do?
- Living organ donors; discrimination prohibited. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The provisions of the bill apply to such insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023. This bill is identical to SB 271.
- Who sponsors HB 421?
- HB 421 is sponsored by Karrie K. Delaney and Dan I. Helmer.
- What is the current status of HB 421?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 421?
- Track HB 421 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 421
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 421
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →