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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
forced organ harvesting; insurance; prohibition
Purpose
Allows insurers and the Arizona Health Care Cost Containment System (AHCCCS) to limit coverage for human organ transplants or post-transplant care if the transplant operation is performed in, or the human organ to be transplanted was procured by a sale or donation originating in the People's Republic of China or the Hong Kong Special Administrative Region
Background
The Department of Insurance and Financial Institutions regulates policies, certificates, evidences of coverage and contracts of insurance that are issued or delivered by health care insurers. Health care insurers include disability insurers, group disability insurers, blanket disability insurers, health care services organizations, hospital service corporations and medical service corporations (insurers) (A.R.S. § 20-1379). AHCCCS contracts with health professionals to provide medically necessary health and medical services to eligible members, including inpatient and outpatient health services and early and periodic health screening and diagnostic services (A.R.S. § 36-2907).
The National Organ Transplant Act deems it unlawful for any person to knowingly acquire, receive or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. A human organ is the human or fetal kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, skin or any organ subpart and any other human or fetal organ or subpart specified by the U.S. Secretary of Health and Human Services (42 USC § 274e).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows
an insurance policy, and AHCCCS subject to approval of the U.S. Centers for
Medicare and Medicaid Services, to limit coverage to a member for a human organ
transplant or
post-transplant care if either:
b) the human organ to be transplanted was procured by a sale or donation originating in the People's Republic of China or the Hong Kong Special Administrative Region.
2. Specifies that the authorization to limit coverage for organ transplants does not:
a) require coverage for human organ transplants; or
b) limit an insurer from denying coverage for any valid reason.
3. Designates this legislation as the Arizona End Organ Harvesting Act.
4. Becomes effective on the general effective date.
House Action
HHS 2/3/25 DP 7-5-0-0
3rd Read 2/20/25 38-20-2
Prepared by Senate Research
March 17, 2025
MM/slp