[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Reported in Senate (RS)]
<DOC>
Calendar No. 352
119th CONGRESS
2d Session
S. 1552
To promote and protect from discrimination living organ donors.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2025
Mr. Cotton (for himself, Mrs. Gillibrand, Mrs. Hyde-Smith, Mr. Lujan,
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]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Living Donor Protection Act
of 2025''.</DELETED>
<DELETED>SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR INCREASE IN
PREMIUMS OF LIFE OR DISABILITY INSURANCE FOR LIVING ORGAN
DONORS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Enforcement.--A State insurance regulator may take
such actions to enforce subsection (a) as are specifically authorized
under the laws of such State.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS QUALIFYING
AS A SERIOUS HEALTH CONDITION UNDER FMLA.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Federal Civil Service Employees.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE BENEFITS AND
RISKS OF LIVING ORGAN DONATION.</DELETED>
<DELETED> (a) Educational Materials.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) the benefits and risks of living organ
donation; and</DELETED>
<DELETED> (B) the impact of living organ donation on
the access of a living organ donor to
insurance.</DELETED>
<DELETED> (2) Information on statutory changes.--Such
updating shall include information regarding the requirements
under section 2 and the amendments made by section 3.</DELETED>
<DELETED> (b) Methods of Updating.--In carrying out subsection (a),
the Secretary shall update, as appropriate--</DELETED>
<DELETED> (1) public service announcements previously
provided by the Secretary;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) other media, as the Secretary determines
appropriate.</DELETED>
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.
Calendar No. 352
119th CONGRESS
2d Session
S. 1552
_______________________________________________________________________
A BILL
To promote and protect from discrimination living organ donors.
_______________________________________________________________________
March 11, 2026
Reported with an amendment
Living Donor Protection Act of 2025
#1552 | S Congress #119
Policy Area: Health
Subjects: Disability and health-based discriminationDisability assistanceEmployee leaveGovernment employee pay, benefits, personnel managementGovernment information and archivesHealth care costs and insuranceHealth care coverage and accessHealth information and medical recordsLife, casualty, property insuranceLong-term, rehabilitative, and terminal careOrgan and tissue donation and transplantationSurgery and anesthesia
Last Action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 352. (3/11/2026)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text