§ 31A-22-660 — Definitions -- Prohibitions concerning organ harvesting -- Severability.

(1) As used in this section, "forced organ harvesting" means the removal of one or more organs from a living individual, or from an individual killed for the purpose of removal of one or more of the individual's organs, by means of coercion, abduction, deception, fraud, or abuse of power or a position of vulnerability.
(2) An issuer of accident and health insurance may not cover a human organ transplant or post-transplant care if:
(2)(a) the human organ transplant operation is performed in the People's Republic of China or any other country known to have participated in forced organ harvesting, as designated pursuant to Subsection (3); or
(2)(b) the human organ to be transplanted was procured by sale or donation originating in the People's Republic of China or any other country known to have participated in forced organ harvesting, as designated pursuant to Subsection (3).
(3) (3)(a) The deputy director of the Department of Health and Human Services described in Subsection 26B-1-203(4) may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting.
(3)(b) If the deputy director designates an additional country under Subsection (3)(a), the deputy director shall provide written notice to the executive director of the Department of Health and Human Services and the insurance commissioner.
(4) If any provision of this section or the application of any provision of this section to any person or circumstance is held to be invalid, the remainder of this section shall be given effect without the invalid provision or application. The provisions of Section 31A-22-661 are severable.

Legislative History

Enacted by Chapter 273, 2024 General Session