Living Donor Protection Act of 2025
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The bill would bar life, disability, and long-term care insurers from denying, canceling, or charging more for coverage solely because someone has donated an organ or bone marrow, and would clarify that organ-donation surgery and recovery qualify as a serious health condition under federal medical leave law.
It would also require the Department of Health and Human Services to update its public educational materials on living organ donation to reflect these new insurance and leave protections, aiming to remove financial and workplace disincentives that can discourage people from donating.
What this bill would do
What it would do
The bill would prohibit insurers from denying, canceling, refusing to issue, or varying the price or terms of a life insurance, disability insurance, or long-term care insurance policy based solely on a person's status as a living organ or bone marrow donor, unless there is an actual, unique, and material actuarial risk. State insurance regulators would enforce this under their existing authority. The bill would also amend the Family and Medical Leave Act and the federal civil service leave statute to specify that organ donation, preparation for surgery, and recovery qualify as a serious health condition entitling eligible employees to job-protected leave, and would let federal employees substitute other available leave for part of that time. Separately, it would direct the Secretary of Health and Human Services, working with the Secretary of Labor as appropriate, to review and update existing federal educational materials on living organ donation within six months of enactment to reflect these new insurance and leave protections. It does not create a federal insurance mandate beyond this narrow anti-discrimination rule, and enforcement remains with state regulators rather than a new federal agency.
Key provisions
- 1Would prohibit insurers from denying, canceling, or varying the price or terms of life, disability, or long-term care insurance based solely on living organ or bone marrow donor status, absent actual actuarial risk.
- 2Would let state insurance regulators enforce the prohibition using their existing state law authority.
- 3Would amend the Family and Medical Leave Act to specify organ donation, related surgery preparation, and recovery as a qualifying serious health condition for job-protected leave.
- 4Would make a parallel amendment for federal civil service employees and allow substitution of other available leave during organ-donor leave.
- 5Would require HHS, in coordination with the Department of Labor as appropriate, to review and update federal educational materials on living organ donation within six months of enactment.
Who would be affected
Living organ and bone marrow donors seeking life, disability, or long-term care insurance; insurance carriers offering those policy types; private-sector employers covered by the Family and Medical Leave Act; federal civil service employees and agencies administering their leave; and the Department of Health and Human Services, which maintains public donor education materials.
Why it matters
Living donors currently can face higher premiums, denied coverage, or lost job protections because of their donation, which advocates say discourages potential donors amid organ shortages. If enacted, donors would gain clearer insurance and leave protections, insurers would need to justify any different treatment with actual actuarial risk, and federal outreach materials would explain these new protections to the public.
What would change
Changes to existing law
Amends Family and Medical Leave Act of 1993 (29 U.S.C. 2611(11)) (Sec. 3(a))
Adds organ donation, presurgical preparation, and recovery to the definition of a qualifying serious health condition for job-protected leave.
Amends Title 5, United States Code, Section 6381(5) (Sec. 3(b)(1))
Adds the same organ-donation-related language to the federal civil service definition of serious health condition.
Amends Title 5, United States Code, Section 6382(d)(1) (Sec. 3(b)(2))
Allows federal employees on organ-donor leave to substitute other available leave under section 6327(b)(2) for part of that period.
Amends Public Health Service Act, Section 377A (42 U.S.C. 274f-1) (Sec. 4)
Requires HHS to review and update the educational activities and materials on living organ donation authorized under this section.
Agencies directed to act
Effective dates
- HHS review and update of living organ donation educational materials
How implementation would work
The insurance prohibition would be self-executing, with state insurance regulators enforcing it under their own state laws rather than a new federal enforcement body. The FMLA and civil-service leave amendments would take effect through existing employer and agency leave administration processes once the statutory definitions change. Separately, HHS, coordinating with the Department of Labor as needed, would have six months after enactment to review and update its existing organ-donation outreach materials, public service announcements, and websites (such as organdonor.gov) to explain the new insurance and leave protections to the public.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 352.
Official CRS summary
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Living Donor Protection Act of 2025
This bill prohibits life insurance, disability insurance, and long-term insurance carriers from denying or otherwise restricting coverage for living organ donors.
Specifically, carriers may not deny, cancel, vary premiums, or otherwise impose conditions on policies based on an individual's status as a living organ donor.
The bill also expressly specifies that recovery from organ-donation surgery constitutes a serious health condition that entitles eligible employees to job-protected medical leave.
In addition, the Department of Health and Human Services must update educational materials on living organ donation to include information about the benefits and risks of living organ donation and the impact of donation on insurance access, particularly with respect to the bill's changes.
Legislative subjects
Disability and health-based discrimination; Disability assistance; Employee leave; Government employee pay, benefits, personnel management; Government information and archives; Health; Health care costs and insurance; Health care coverage and access; Health information and medical records; Life, casualty, property insurance; Long-term, rehabilitative, and terminal care; Organ and tissue donation and transplantation; Surgery and anesthesia