End Organ Harvesting Act

TITLE 41 INSURANCE CHAPTER 3 AUTHORIZATION OF INSURERS AND GENERAL REQUIREMENTS 41-350 END ORGAN HARVESTING ACT. (1) This section shall apply only to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual group evidence of coverage or similar coverage document that is offered by: (a)  An insurance company; (b)  A group hospital service corporation operating pursuant to chapter 34, title 41 , Idaho Code; (c)  A managed care organization operating pursuant to chapter 39, title 41 , Idaho Code; (d)  A multiple employer welfare arrangement that holds a certificate of registration pursuant to section 41-4002 (8), Idaho Code; (e)  A fraternal benefit society operating pursuant to chapter 32, title 41 , Idaho Code; or (f)  An exchange operating pursuant to chapter 61, title 41 , Idaho Code. (2)  Notwithstanding any other law to the contrary, this chapter applies to: (a)  A small employer health benefit plan subject to chapter 47, title 41 , Idaho Code; (b)  A standard health benefit plan issued pursuant to chapter 52, title 41 , Idaho Code; (c)  The state medicaid program pursuant to section 56-263 , Idaho Code; (d)  The children’s health insurance program pursuant to sections 56-238 and 56-239 , Idaho Code; and (e)  Health and accident coverage provided by a risk retention group pursuant to chapter 48, title 41 , Idaho Code. (3)  A health benefit plan issuer shall not cover a human organ transplant or post-transplant care if: (a)  The transplant operation is performed in the People’s Republic of China or another country known to have participated in forced organ harvesting, as designated by the administrator of the division of public health in the department of health and welfare; or (b)  The human organ to be transplanted was procured by sale or donation originating in the People’s Republic of China or another country known to have participated in forced organ harvesting, as designated by the administrator of the division of public health in the department of health and welfare. (4)  The administrator of the division of public health in the department of health and welfare may designate additional countries with governments that fund, sponsor, or otherwise facilitate forced organ harvesting and shall provide written notice to the director of the department of health and welfare when the administrator of the division of public health designates an additional country. (5)  For the purposes of this section, "forced organ harvesting" means the removal of one (1) or more organs from a living person, or from a person killed for the purpose of removal of one (1) or more organs, by means of coercion, abduction, deception, fraud, or abuse of power over a position of vulnerability.