Delaware 151st General Assembly (2021-2022) Status: Enacted Bipartisan · 17 D · 9 R cosponsors

SB 218 — AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIVING DONOR PROTECTION ACT.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 26, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 39 sponsors

    4 primary, 35 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (17 D · 9 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.

Bill Text

What changed in the latest version

52 added · 23 removed

52 line(s) added, 23 removed.

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Previous
Latest
Lopez Sen.
Lopez & Rep.
S.
Schwartzkopf & Rep.
McBride DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.
Dorsey Walker & Rep.
1 TO SENATE BILL NO.
Smyk Sens.
218 AMEND Senate Bill No.
Bonini, Brown, Ennis, Gay, Hansen, Hocker, Lawson, Lockman, Mantzavinos, S.
218 by deleting lines 7 through 16 in their entirety and inserting in lieu thereof the following:
McBride, Paradee, Pettyjohn, Pinkney, Poore, Richardson, Sokola, Sturgeon, Townsend, Walsh, Wilson;
“a.
Reps.
It is an unlawful practice for a person to do any of the following solely on the basis of an individual’s status as a living donor and without any unique and material actuarial risks in accordance with sound actuarial principles and actual and reasonably anticipated and expected experience of the individual on the basis of the individual’s status as a living organ donor:
Baumbach, Bennett, Briggs King, Bush, Chukwuocha, Gray, Heffernan, Hensley, K.
Johnson, Longhurst, Morrison, Osienski, Ramone, D.
Short, Michael Smith DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE BILL NO.
218 AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LIVING DONOR PROTECTION ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 2304, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2304.
Unfair methods of competition and unfair or deceptive acts or practices defined.
The following are defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:
(29) Discriminatory practices against living donor.
– a.
It is an unlawful practice for a person to do any of the following:
Deny an insurance policy.
Limit, cancel, or refuse to issue or renew an insurance policy of an individual solely because the individual is a living donor.
Cancel an insurance policy.
Prohibit an individual from donating all or part of an organ or tissue as a condition of receiving or continuing to receive an insurance policy.
Refuse to issue an insurance policy.
Consider the status of an individual as a living donor in determining the premium rate of the individual’s insurance policy.
Determine the process or premium for an insurance policy.
Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or any other condition of an insurance policy based solely and without an additional actuarial justification on the status of an individual as a living donor.
5.
Otherwise vary a term or condition in an insurance policy.
It is an unlawful practice for a person to prohibit an individual from donating all or part of an organ or tissue as a condition of receiving or continuing to receive an insurance policy.”.
For purposes of this paragraph (29):
FURTHER AMEND Senate Bill No.
1.
218 on line 17 by deleting “b.” and inserting in lieu thereof “c.”.
“Living donor” means an individual who has donated all or part of an organ or tissue and was alive at the time of the donation.
FURTHER AMEND Senate Bill No.
LC :
218 on line 29 by deleting “c.” and inserting in lieu thereof “d.”.
MJC :
SYNOPSIS This Amendment permits insurers to consider an individual’s organ donation as part of their medical history in the underwriting process, without it being the sole basis for determining underwriting eligibility.
CM Page 1 of 2 Released:
01/26/2022 02:01 PM 2.A.
“Organ” means a human kidney, liver, heart, lung, pancreas, esophagus, stomach, small or large intestine or portion of the gastrointestinal tract, or another part of the human body designated by the Commissioner by regulation.
B.
“Organ” includes blood vessels recovered during the recovery of an organ if the blood vessels are intended for use in organ transplantation.
3.A.
“Tissue” means a portion of the human body other than an organ, including a human eye, skin, bone, bone marrow, heart valve, spermatozoon, ova, artery, vein, tendon, ligament, or pituitary gland or fluid.
B.
“Tissue” does not include blood or a blood derivative, unless the blood or blood derivative is donated for the purpose of research or education.
Show all 48 changed rows (8 more)
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Latest
c.
The Commissioner shall develop and make publicly available informational materials relating to living donors and the live donation of organs and tissue and the access of living donors to insurance provided under this paragraph (29).
Section 2.
This Act is known as the Living Donor Protection Act.
SYNOPSIS This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy.
At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.
CM Page 1 of 1 Released:
CM Page 2 of 2 Released:
03/08/2022 12:08 PM 4801510160
01/26/2022 02:01 PM 4801510124
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 13 Favorable

  4. Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

  5. Passed By Senate. Votes: 21 YES

  6. Amendment SA 1 to SB 218 - Passed By Senate. Votes: 21 YES

  7. Reported Out of Committee (Health & Social Services) in Senate with 6 Favorable

  8. Amendment SA 1 to SB 218 - Introduced and Placed With Bill

  9. Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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4 sponsors · 35 co-sponsors · 36 not signed on

Sponsors (4)

Co-sponsors (35)

Not signed on (36)

36 members have not signed on to this bill.

Show all 36 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 16000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

civil-rights healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 218 do?
This Act, known as the Living Donor Protection Act, prohibits discrimination based on an individual’s status as a living organ or tissue donor in the offering, issuance, cancellation, coverage, price, or other condition of an insurance policy, including a life, health, disability, or long-term care insurance policy. At least 20 states have similar laws, including Maryland, New Jersey, and Pennsylvania.
Who sponsors SB 218?
SB 218 is sponsored by Kevin S Hensley (Republican), Kendra Johnson (Democratic), Eric Morrison (Democratic), Kyle Evans Gay, Edward S. Osienski (Democratic), Darius J. Brown (Democratic), Stephanie L. Hansen (Democratic), Gerald W. Hocker (Republican), Dave G. Lawson (Republican), S. Elizabeth Lockman (Democratic), Spiros Mantzavinos (Democratic), Trey Paradee (Democratic), Brian Pettyjohn (Republican), Marie Pinkney (Democratic), Nicole Poore (Democratic), Bryant L. Richardson (Republican), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Bryan Townsend (Democratic), John "Jack" Walsh (Democratic), David L. Wilson (Republican), William Bush (Democratic), Nnamdi O. Chukwuocha (Democratic), Ronald E. Gray (Republican), Debra Heffernan (Democratic), Daniel B. Short (Republican), Michael F. Smith (Republican), Ruth Briggs King, Andria L. Bennett, Paul S. Baumbach, Sarah McBride, Bruce C. Ennis, Colin Bonini, Stephen Smyk, Sherry Dorsey Walker, Peter C. Schwartzkopf, Ernesto B Lopez, Michael Ramone, and Valerie Longhurst.
What is the current status of SB 218?
This bill has been enacted into law. Introduced January 26, 2022. Enacted.
Where can I track SB 218?
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