S. 1552

119 S1552 IS: Living Donor Protection Act of 2025
 U.S. Senate
 2025-05-01
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 1552  IN THE SENATE OF THE UNITED STATES   May 1, 2025   Mr. Cotton  (for himself,  Mrs. Gillibrand ,  Mrs. Hyde-Smith ,  Mr. Luján ,  Mrs. Capito ,  Mr. King ,  Mr. Blumenthal ,  Mr. Kaine ,  Ms. Klobuchar ,  Mr. Merkley ,  Mr. Whitehouse ,  Mr. Coons ,  Mrs. Blackburn ,  Mr. Ricketts ,  Mr. Tillis ,  Mr. Durbin ,  Mrs. Shaheen ,  Ms. Smith ,  Mr. Wyden ,  Mr. Kelly ,  Ms. Rosen , and  Mr. Warnock ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To promote and protect from discrimination living organ donors.
1.
Short title
This Act may be cited as the   Living Donor Protection Act of 2025  .
2.
Prohibition on denial of coverage or increase in premiums of life or disability insurance for living organ donors
(a)
Prohibition
Notwithstanding any other provision of law, an insurer shall not deny coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely, and without any actual, unique, and material actuarial risks, on the status of such person as a living organ donor.
(b)
Enforcement
A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State.
(c)
Definitions
In this section:
(1)
Disability insurance policy
The term  disability insurance policy  means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents such person from working.
(2)
Life insurance policy
The term  life insurance policy  means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(3)
Living organ donor
The term  living organ donor  means an individual who has donated all or part of an organ and is not deceased.
(4)
Long-term care insurance policy
The term  long-term care insurance policy  means a contract for which the only insurance protection provided under the contract is coverage of qualified long-term care services (as defined in  section 7702B(c)  of the Internal Revenue Code of 1986).
3.
Clarification of organ donation surgery as qualifying as a serious health condition under FMLA
(a)
Private sector employees
Section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) ) is amended, in the matter preceding subparagraph (A), by inserting  (including recovery from surgery related to organ donation)  after  physical or mental condition .
(b)
Federal civil service employees
(1)
Definition
Section 6381(5) of title 5, United States Code, is amended, in the matter preceding subparagraph (A), by inserting  (including recovery from surgery related to organ donation)  after  physical or mental condition .
(2)
Relationship to organ donor leave
Section 6382(d)(1) of title 5, United States Code, is amended by adding at the end the following:  An employee who takes any part of the 12-week period of leave under subsection (a)(1) to serve as an organ donor (including recovery from surgery related to organ donation) may elect to substitute, for as much of that part as possible, any leave available to the employee under section 6327. .
4.
Updating of educational materials on the benefits and risks of living organ donation
(a)
Educational materials
(1)
Review and updating
Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the  Secretary ) shall review and update materials related to living organ donation in order to educate the public on—
(A)
the benefits and risks of living organ donation; and
(B)
the impact of living organ donation on the access of a living organ donor to insurance.
(2)
Information on statutory changes
Such updating shall include information regarding the requirements under section 2 and the amendments made by section 3.
(b)
Methods of updating
In carrying out subsection (a), the Secretary shall update, as appropriate—
(1)
public service announcements previously provided by the Secretary;
(2)
publicly accessible websites (such as organdonor.gov, or a successor website) that are maintained by the Secretary and that contain information and resources regarding living organ donation; and
(3)
other media, as the Secretary determines appropriate.