Living Donor Protection Act of 2023
This bill prohibits certain insurance carriers from discriminating against, and provides other protections for, living organ donors.
Specifically, carriers may not deny, cancel, or otherwise impose conditions on policies for life insurance, disability insurance, or long-term care insurance 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 of living organ donation and about access to insurance for living organ donors.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2923 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2923
To promote and protect from discrimination living organ donors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Nadler (for himself, Mr. Balderson, Ms. Blunt Rochester, Mr. Costa,
Mr. Curtis, Ms. DeGette, Mrs. Miller-Meeks, Mr. Murphy, and Mr. Bacon)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committees on Oversight and
Accountability, House Administration, Education and the Workforce, and
Financial Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To promote and protect from discrimination living organ donors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Donor Protection Act of
2023''.
SEC. 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).
SEC. 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 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 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) shall substitute, for as much of that part as
possible, any leave available to the employee under section
6327.''.
SEC. 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 on the changes made by sections 2 and 3 of
this Act.
(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 determined appropriate by the Secretary.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Accountability, House Administration, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Accountability, House Administration, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Accountability, House Administration, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Accountability, House Administration, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Accountability, House Administration, Education and the Workforce, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Health.