I 

114TH CONGRESS 

2D SESSION H. R. 4616 

To promote and protect from discrimination living organ donors. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2016 

Mr. NADLER (for himself and Mr. BURGESS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committees on Oversight and Government Reform, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Living Donor Protec5 tion Act of 2016’’. 


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1 SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR IN2 CREASE IN PREMIUMS OF LIFE OR DIS3 ABILITY INSURANCE FOR LIVING ORGAN DO4 NORS. 

5 (a) PROHIBITION.—Notwithstanding any other provi6 sion of law, it shall be unlawful to— 

7 (1) decline or limit coverage of a person under 

8 any life insurance policy, disability insurance policy, 

9 or long-term care insurance policy, due to the status 

10 of such person as a living organ donor; 

11 (2) preclude a person from donating all or part 

12 of an organ as a condition of receiving a life insur13 ance policy, disability insurance policy, or long-term 

14 care insurance policy; 

15 (3) consider the status of a person as a living 

16 organ donor in determining the premium rate for 

17 coverage of such person under a life insurance pol18 icy, disability insurance policy, or long-term care in19 surance policy; or 

20 (4) otherwise discriminate in the offering, 

21 issuance, cancellation, amount of such coverage, 

22 price, or any other condition of a life insurance pol23 icy, disability insurance policy, or long-term care in24 surance policy for a person, based solely and without 

25 any additional actuarial risks upon the status of 

26 such person as a living organ donor. 


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1 (b) ENFORCEMENT.—A State insurance regulator 

2 may take such actions to enforce subsection (a) as are spe3 cifically authorized under the laws of such State. 

4 (c) DEFINITIONS.—In this section: 

5 (1) DISABILITY INSURANCE POLICY.—The term 

6 ‘‘disability insurance policy’’ means a contract under 

7 which an entity promises to pay a person a sum of 

8 money in the event that an illness or injury resulting 

9 in a disability prevents such person from working. 

10 (2) LIFE INSURANCE POLICY.—The term ‘‘life 

11 insurance policy’’ means a contract under which an 

12 entity promises to pay a designated beneficiary a 

13 sum of money upon the death of the insured. 

14 (3) LIVING ORGAN DONOR.—The term ‘‘living 

15 organ donor’’ means an individual who has donated 

16 all or part of an organ and is not deceased. 

17 (4) LONG-TERM CARE INSURANCE POLICY.— 

18 The term ‘‘long-term care insurance policy’’ means 

19 a contract for which the only insurance protection 

20 provided under the contract is coverage of qualified 

21 long-term care services (as defined in section 

22 7702B(c) of the Internal Revenue Code of 1986). 


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1 SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 

2 QUALIFYING AS A SERIOUS HEALTH CONDI3 TION UNDER FMLA. 

4 Section 101(11) of the Family and Medical Leave Act 

5 of 1993 (29 U.S.C. 2611(11)) is amended by inserting 

6 ‘‘(including recovery from surgery related to organ dona7 tion)’’ after ‘‘physical or mental condition’’. 

8 SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 

9 BENEFITS OF LIVE ORGAN DONATION. 

10 (a) IN GENERAL.—Not later than 6 months after the 

11 date of enactment of this Act, the Secretary of Health and 

12 Human Services (in this section referred to as the ‘‘Sec13 retary’’) shall review and update materials related to live 

14 organ donation in order to educate the public on— 

15 (1) the benefits of live organ donation; and 

16 (2) the impact of live organ donation on the ac17 cess of a living organ donor to insurance. 

18 Such updating shall include information on the changes 

19 made by sections 2 and 3 of this Act. 

20 (b) METHODS OF UPDATING.—In carrying out sub21 section (a), the Secretary shall update, as appropriate— 

22 (1) Public Service Announcements previously 

23 provided by the Secretary; 

24 (2) publicly accessible Web sites (such as 

25 organdonor.gov, or a successor Web site) that are 

26 maintained by the Secretary and that contain inforVerDate Sep 11 2014 23:41 Feb 26, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4616.IH H4616

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1 mation and resources regarding live organ donation; 

2 and 

3 (3) other media determined appropriate by the 

4 Secretary. 

Æ 


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