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Bill Introduced to Shield Living Donors from Denied Coverage, Higher Insurance Premiums
WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) on Thursday joined U.S. Senator Tom Cotton (R-Ark.) in introducing legislation to encourage organ donations by shielding donors from the threat of losing or paying more on health insurance premiums.
The Living Donor Protection Act (S.1552) would protect the rights of living organ donors by ensuring they do not face discrimination from insurance companies. It would also codify U.S. Department of Labor guidance regarding living donors under the Family Medical Leave Act (FMLA) in the private and civil service, remove barriers to organ donation, and provide certainty to donors and recipients.
“Medical advances have made organ transplants more successful than ever, and we should be removing bureaucratic obstacles and red tape that stand in the way of saving lives,” Senator Hyde-Smith said. “Our goal is to give potential donors peace of mind that their insurance carriers won’t penalize them for choosing to give the ultimate gift of life.”
“Organ donors make an extraordinary sacrifice so someone else can have a new chance at life,” said Senator Cotton. “The Living Donor Protection Act would encourage more donors to step forward by protecting them from adverse consequences like denial of coverage and job loss.”
The bipartisan and bicameral Living Donor Protection Act would:
- Prohibit life, disability, and long-term care insurance companies from denying or limiting coverage and from charging higher premiums for living organ donors.
- Amend the FMLA of 1993 to specifically include living organ donation as a serious health condition for private and civil service employees.
- Direct the U.S. Department of Health and Human Services to update its material on live organ donation to reflect these new protections and to encourage more individuals to consider donating an organ.
The University of Mississippi Medical Center operates a historic and highly successful transplant program, and according to the Mississippi Organ Recovery Agency, more than 1,300 people in Mississippi await a lifesaving organ transplant. Nationally, more than 100,000 Americans need transplants.
In the Senate, Hyde-Smith cosponsored the U.S. Organ Procurement and Transplantation Network Act, which was enacted into law in 2023. This reform law improved the management and distribution of transplant organs in the United States by giving the U.S. Department of Health and Human Services clear authority to expand competition for contracts related to the operation of the nation’s Organ Procurement and Transplantation Network.
S.1552 is endorsed by Alport Syndrome Foundation, American Association of Kidney Patients, American Council of Life Insurers, American Heart Association, American Kidney Fund, American Liver Foundation, American Nephrology Nurses Association, American Society of Nephrology, American Society of Pediatric Nephrology, American Society of Transplant Surgeons, American Society of Transplantation, Dialysis Patient Citizens, Global Liver Institute, IGA Nephropathy Foundation, International Society of Glomerular Disease, Kidney Transplant Collaborative, National Kidney Foundation, the Nonprofit Kidney Care Alliance, North American Transplant Coordinators Organization, Northwest Kidney Centers, the PKD Foundation, the Rogosin Institute, Sanofi, the United Network for Organ Sharing, Transplant Recipients International Organization, and Renal Physicians Association.
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