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, Mr. Warnock, Mr. Kim, Mr. Peters, Mr. Booker, Mr. Murphy, Mr. Boozman, Mr. Gallego, Mr. Justice, Mr. Daines, Ms. Collins, Mr. Bennet, Mr. Kennedy, Ms. Alsobrooks, Mr. Cramer, Mr. Schiff, Mr. Sheehy, Ms. Slotkin, Mr. Marshall, Ms. Duckworth, Mr. Tuberville, Ms. Murkowski, Mr. Young, Mr. Van Hollen, Mr. Banks, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
March 11, 2026
Reported by Mr. Cassidy, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
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 2025
.
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, 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.
.
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 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.
Section 1. Short title
This Act may be cited as the Living Donor Protection Act of 2025
.
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 a human organ (as defined in section 301(c)(1) of the National Organ Transplant Act (42 U.S.C. 274e(c)(1))) or bone marrow (as defined in section 379A–1(2) of the Public Health Service Act (42 U.S.C. 274l–1(2))) 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 and certain public 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 organ donation, preparation for and recovery from surgery related to organ donation, and other activities 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 organ donation, preparation for and recovery from surgery related to organ donation, and other activities 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(b)(2).
.
Sec. 4. Updating of educational materials on living organ donation
(a) Educational activities and materials
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
), in coordination with the Secretary of Labor, as appropriate, shall review the educational activities and materials pursuant to section 377A of the Public Health Service Act (42 U.S.C. 274f–1), and update such activities and materials to include information regarding the requirements under section 2 and the amendments made by section 3.
(b) Outreach
In carrying out subsection (a), the Secretary may, as appropriate, issue public service announcements or update any publicly accessible websites or other media maintained by the Secretary that contain information and resources regarding living organ donation.