Bill Text: AZ HB2504 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Forced organ harvesting; insurance; prohibition
Spectrum: Partisan Bill (Republican 4-0)
Status: (Vetoed) 2024-04-10 - Governor Vetoed [HB2504 Detail]
Download: Arizona-2024-HB2504-Introduced.html
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REFERENCE TITLE: forced organ harvesting; insurance; prohibition |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2504 |
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Introduced by Representatives Biasiucci: Gress, Martinez; Senator Rogers
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An Act
amending title 20, chapter 4, article 3, Arizona Revised Statutes, by adding section 20-826.05; amending title 20, chapter 4, article 9, Arizona Revised Statutes, by adding section 20-1057.20; amending title 20, chapter 6, article 4, Arizona Revised Statutes, by adding section 20-1342.08; amending title 20, chapter 6, article 5, Arizona Revised Statutes, by adding section 20-1406.06; amending title 36, chapter 1, article 1, Arizona Revised Statutes, by adding section 36-116; amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-407.04; amending section 36-857, Arizona Revised Statutes; amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2907.16; relating to health insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 20, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 20-826.05, to read:
20-826.05. Genetic sequencing; organ harvesting; insurance coverage prohibition; definitions
A. A subscription contract may not provide coverage to a subscriber for genetic sequencing if the genetic sequencing is performed on a device that is either of the following:
1. Produced by a company that is domiciled in a foreign adversary.
2. Produced by a company that is owned or substantially controlled by a company that is domiciled in a foreign adversary.
B. Notwithstanding subsection a of this section, a subscription contract may cover genetic sequencing if both of the following apply:
1. The subscriber may suffer an immediate health risk if genetic sequencing is not covered.
2. There is no other reasonable option for conducting the genetic sequencing.
C. A subscription contract may not provide coverage to a subscriber for a human organ transplant or post-transplant care if either of the following applies:
1. The transplant operation is performed in a foreign adversary.
2. The human organ to be transplanted was procured by a sale or donation originating in a foreign adversary.
D. For the purposes of this section:
1. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, including a wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of the entities or business associations, or a nonprofit organization.
2. "Domiciled" means either of the following:
(a) The country in which a company is registered.
(b) The location in which the company's affairs are primarily completed or where a majority of the ownership shares is held.
3. "Foreign adversary":
(a) Means China, Russia, Iran, North Korea, Cuba, Venezuela or Syria or the hong kong special administrative region.
(b) Includes:
(i) A country designated as a foreign adversary by the director of the department of health services pursuant to section 36-116.
(ii) Any agent or entity under significant control of a foreign adversary.
4. "Genetic sequencing" means any method to determine the identity and order of nucleotide bases in the human genome.
Sec. 2. Title 20, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 20-1057.20, to read:
20-1057.20. Genetic sequencing; organ harvesting; insurance coverage prohibition; definitions
A. An evidence of coverage may not provide coverage to an enrollee for genetic sequencing if the genetic sequencing is performed on a device that is either of the following:
1. Produced by a company that is domiciled in a foreign adversary.
2. Produced by a company that is owned or substantially controlled by a company that is domiciled in a foreign adversary.
B. Notwithstanding subsection a of this section, an evidence of coverage may cover genetic sequencing if both of the following apply:
1. The enrollee may suffer an immediate health risk if genetic sequencing is not covered.
2. There is no other reasonable option for conducting the genetic sequencing.
C. An evidence of coverage may not provide coverage to an enrollee for the human organ transplant or post-transplant care if either of the following applies:
1. The transplant operation is performed in a foreign adversary.
2. The human organ to be transplanted was procured by a sale or donation originating in a foreign adversary.
D. For the purposes of this section:
1. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, including a wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of the entities or business associations, or a nonprofit organization.
2. "Domiciled" means either of the following:
(a) THE COUNTRY IN WHICH A COMPANY IS REGISTERED.
(b) THE LOCATION IN WHICH THE COMPANY'S AFFAIRS ARE PRIMARILY COMPLETED OR WHERE A MAJORITY OF THE OWNERSHIP SHARES IS HELD.
3. "FOREIGN ADVERSARY":
(a) MEANS CHINA, RUSSIA, IRAN, NORTH KOREA, CUBA, VENEZUELA OR SYRIA or the hong kong special administrative region.
(b) INCLUDES:
(i) A COUNTRY DESIGNATED AS A FOREIGN ADVERSARY BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH SERVICES PURSUANT TO SECTION 36-116.
(ii) ANY AGENT OR ENTITY UNDER SIGNIFICANT CONTROL OF A FOREIGN ADVERSARY.
4. "GENETIC SEQUENCING" MEANS ANY METHOD TO DETERMINE THE IDENTItY AND ORDER OF NUCLEOTIDE BASES IN THE HUMAN GENOME.
Sec. 3. Title 20, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 20-1342.08, to read:
20-1342.08. Genetic sequencing; organ harvesting; insurance coverage prohibition; definitions
A. A disability insurance policy may not provide coverage to an insured for genetic sequencing if the genetic sequencing is performed on a device that is either of the following:
1. Produced by a company that is domiciled in a foreign adversary.
2. Produced by a company that is owned or substantially controlled by a company that is domiciled in a foreign adversary.
B. Notwithstanding subsection a of this section, a disability insurance policy may cover genetic sequencing if both of the following apply:
1. The insured may suffer an immediate health risk if genetic sequencing is not covered.
2. There is no other reasonable option for conducting the genetic sequencing.
C. A disability insurance policy may not provide coverage to an insured for a human organ transplant or post-transplant care if either of the following applies:
1. The transplant operation is performed in a foreign adversary.
2. The human organ to be transplanted was procured by a sale or donation originating in a foreign adversary.
D. For the purposes of this section:
1. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, including a wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of the entities or business associations, or a nonprofit organization.
2. "Domiciled" means either of the following:
(a) the country in which a company is registered.
(b) The location in which the company's affairs are primarily completed or where a majority of the ownership shares is held.
3. "Foreign adversary":
(a) Means China, Russia, Iran, North Korea, Cuba, Venezuela or Syria or the hong kong special administrative region.
(b) Includes:
(i) A country designated as a foreign adversary by the director of the department of health services pursuant to section 36-116.
(ii) Any agent or entity under significant control of a foreign adversary.
4. "Genetic sequencing" means any method to determine the identity and order of nucleotide bases in the human genome.
Sec. 4. Title 20, chapter 6, article 5, Arizona Revised Statutes, is amended by adding section 20-1406.06, to read:
20-1406.06. Genetic sequencing; organ harvesting; insurance coverage prohibition; definitions
A. A group or blanket disability insurance policy may not provide coverage to an insured for genetic sequencing if the genetic sequencing is performed on a device that is either of the following:
1. Produced by a company that is domiciled in a foreign adversary.
2. Produced by a company that is owned or substantially controlled by a company that is domiciled in a foreign adversary.
B. Notwithstanding subsection a of this section, a group or blanket disability insurance policy may cover genetic sequencing if both of the following apply:
1. The insured may suffer an immediate health risk if genetic sequencing is not covered.
2. There is no other reasonable option for conducting the genetic sequencing.
C. A group or blanket disability insurance policy may not provide coverage to an insured for a human organ transplant or post-transplant care if either of the following applies:
1. The transplant operation is performed in a foreign adversary.
2. The human organ to be transplanted was procured by a sale or donation originating in a foreign adversary.
D. For the purposes of this section:
1. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, including a wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of the entities or business associations, or a nonprofit organization.
2. "Domiciled" means either of the following:
(a) The country in which a company is registered.
(b) The location in which the company's affairs are primarily completed or where a majority of the ownership shares is held.
3. "Foreign adversary":
(a) Means China, Russia, Iran, North Korea, Cuba, Venezuela or Syria or the hong kong special administrative region.
(b) Includes:
(i) A country designated as a foreign adversary by the director of the department of health services pursuant to section 36-116.
(ii) Any agent or entity under significant control of a foreign adversary.
4. "Genetic sequencing" means any method to determine the identity and order of nucleotide bases in the human genome.
Sec. 5. Title 36, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 36-116, to read:
36-116. Organ harvesting; definitions
A. The director of the department of health services shall designate a country as a foreign adversary if that country's government funds, sponsors or otherwise facilitates forced organ harvesting and shall provide written notice of these designated countries to the director of the department of insurance and financial institutions at regular intervals, as appropriate.
B. For the purposes of this section:
1. "Forced organ harvesting" means either of the following:
(a) The removal of one or more organs from a living person by means of coercion, abduction, deception, fraud or abuse of power or a position of vulnerability.
(b) The removal of organs from a person who was killed for the purpose of removing one or more organs.
2. "Foreign adversary":
(a) Means China, Russia, Iran, North Korea, Cuba, Venezuela or Syria or the hong kong special administrative region.
(b) Includes:
(i) A country designated as a foreign adversary by the director of the department of health services pursuant to this section.
(ii) Any agent or entity under significant control of a foreign adversary.
Sec. 6. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-407.04, to read:
36-407.04. Prohibition on certain genetic sequencers; compliance certification; penalties; storage; definition
A. A health care institution or research facility shall not use genetic sequencers or any operational or research software used for genetic sequencing for the purposes of conducting genetic sequencing if the genetic sequencers or research software is produced in or by any of the following:
1. A foreign adversary.
2. A company, subsidiary or enterprise that is owned by a foreign adversary.
3. A company, subsidiary or enterprise that is domiciled with a foreign adversary.
4. A company owned or controlled subsidiary of a company that is domiciled in a foreign adversary.
B. All genetic sequencers and operational and research software used for genetic sequencers or genetic sequencing devices that are prohibited under subsection A of this section and that are not permanently disabled shall be removed and replaced with genetic sequencers and operational and research software used for genetic sequencers or genetic sequencing devices that are not prohibited by this section.
c. On or before December 31, 2025 and each year thereafter, an attorney for the health care institution or research facility shall certify in writing that the health care institution or research facility is in compliance with this section.
d. A health care institution or research facility that spends state monies in violation of this section is subject to a civil penalty of $20,000 for each violation. For the purposes of this subsection, "violation" means each instance of an individual's genome having undergone genetic sequencing using prohibited genetic sequencers or operational and research software used for genetic sequencers or genetic sequencing.
e. Any individual may notify the attorney general of a violation or suspected violation of this section and the following apply:
1. If the notifying individual is an employee of the health care institution or research facility, the employee has whistleblower protection.
2. If the notifying individual is a PATIENT or research subject and the provider of the human genome used in the violation, that individual is entitled to recover statutory damages of not less than $1,000 for each instance in which that individual's human genome was processed using prohibited technology.
f. All genetic sequencing data shall be stored in the United States. Any remote access of data storage, other than open data, is prohibited unless approved in writing by the director.
g. Health care institutions and research facilities that store genetic sequencing data, including through contracts with third-party data storage companies, shall ensure that the data is secured through reasonable encryption methods, restriction on access and other cybersecurity methods.
h. For the purposes of this section, "foreign adversary" has the same meaning prescribed in section 36-116.
Sec. 7. Section 36-857, Arizona Revised Statutes, is amended to read:
36-857. Choice of law; presumption of validity; exception
A. A document of gift is valid if executed in accordance with:
1. This article.
2. The laws of the state or country where it was executed unless the gift was received from a foreign adversary as defined in section 36-116.
3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed unless the gift was received from a foreign adversary as defined in section 36-116.
B. If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. 7.
Sec. 8. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.16, to read:
36-2907.16. Genetic sequencing; organ harvesting; insurance coverage prohibition; definitions
A. The administration may not provide coverage to a member for genetic sequencing if the genetic sequencing is performed on a device that is either of the following:
1. Produced by a company that is domiciled in a foreign adversary.
2. Produced by a company that is owned or substantially controlled by a company that is domiciled in a foreign adversary.
B. Notwithstanding subsection a of this section, the administration may cover genetic sequencing if both of the following apply:
1. The member may suffer an immediate health risk if genetic sequencing is not covered.
2. There is no other reasonable option for conducting the genetic sequencing.
C. The administration may not provide coverage to a member for a human organ transplant or post-transplant care if either of the following applies:
1. The transplant operation is performed in a foreign adversary.
2. The human organ to be transplanted was procured by a sale or donation originating in a foreign adversary.
D. For the purposes of this section:
1. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, including a wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of the entities or business associations, or a nonprofit organization.
2. "Domiciled" means either of the following:
(a) The country in which a company is registered.
(b) The location in which the company's affairs are primarily completed or where a majority of the ownership shares is held.
3. "Foreign adversary":
(a) Means China, Russia, Iran, North Korea, Cuba, Venezuela or Syria or the hong kong special administrative region.
(b) Includes:
(i) A country designated as a foreign adversary by the director of the department of health services pursuant to section 36-116.
(ii) Any agent or entity under significant control of a foreign adversary.
4. "Genetic sequencing" means any method to determine the identity and order of nucleotide bases in the human genome.
Sec. 9. Short title
This act may be cited as the "Arizona End Organ Harvesting Act".
