II 

118TH CONGRESS 

1ST SESSION S. 1384 

To promote and protect from discrimination living organ donors. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2023 

Mrs. GILLIBRAND (for herself and Mr. COTTON) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

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 2023’’. 


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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, an insurer shall not deny coverage, cancel cov7 erage, refuse to issue, determine the price or premium for, 

8 or otherwise vary any term or condition of a life insurance 

9 policy, disability insurance policy, or long-term care insur10 ance policy for a person based solely, and without any ac11 tual, unique, and material actuarial risks, on the status 

12 of such person as a living organ donor. 

13 (b) ENFORCEMENT.—A State insurance regulator 

14 may take such actions to enforce subsection (a) as are spe15 cifically authorized under the laws of such State. 

16 (c) DEFINITIONS.—In this section: 

17 (1) DISABILITY INSURANCE POLICY.—The term 

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

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

20 money in the event that an illness or injury resulting 

21 in a disability prevents such person from working. 

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

23 insurance policy’’ means a contract under which an 

24 entity promises to pay a designated beneficiary a 

25 sum of money upon the death of the insured. 


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

2 organ donor’’ means an individual who has donated 

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

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

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

6 a contract for which the only insurance protection 

7 provided under the contract is coverage of qualified 

8 long-term care services (as defined in section 

9 7702B(c) of the Internal Revenue Code of 1986). 

10 SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 

11 QUALIFYING AS A SERIOUS HEALTH CONDI12 TION UNDER FMLA. 

13 (a) PRIVATE SECTOR EMPLOYEES.—Section 101(11) 

14 of the Family and Medical Leave Act of 1993 (29 U.S.C. 

15 2611(11)) is amended by inserting ‘‘(including recovery 

16 from surgery related to organ donation)’’ after ‘‘physical 

17 or mental condition’’. 

18 (b) FEDERAL CIVIL SERVICE EMPLOYEES.— 

19 (1) DEFINITION.—Section 6381(5) of title 5, 

20 United States Code, is amended by inserting ‘‘(in21 cluding recovery from surgery related to organ dona22 tion)’’ after ‘‘physical or mental condition’’. 

23 (2) RELATIONSHIP TO ORGAN DONOR LEAVE.— 

24 Section 6382(d)(1) of title 5, United States Code is 

25 amended by adding at the end the following: ‘‘An 


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1 employee who takes any part of the 12-week period 

2 of leave under subsection (a)(1) to serve as an organ 

3 donor (including recovery from surgery related to 

4 organ donation) shall substitute, for as much of that 

5 part as possible, any leave available to the employee 

6 under section 6327.’’. 

7 SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 

8 BENEFITS AND RISKS OF LIVING ORGAN DO9 NATION. 

10 (a) EDUCATIONAL MATERIALS.— 

11 (1) REVIEW AND UPDATING.—Not later than 6 

12 months after the date of enactment of this Act, the 

13 Secretary of Health and Human Services (in this 

14 section referred to as the ‘‘Secretary’’) shall review 

15 and update materials related to living organ dona16 tion in order to educate the public on— 

17 (A) the benefits and risks of living organ 

18 donation; and 

19 (B) the impact of living organ donation on 

20 the access of a living organ donor to insurance. 

21 (2) INFORMATION ON STATUTORY CHANGES.— 

22 Such updating shall include information on the 

23 changes made by sections 2 and 3 of this Act. 

24 (b) METHODS OF UPDATING.—In carrying out sub25 section (a), the Secretary shall update, as appropriate— 


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1 (1) Public Service Announcements previously 

2 provided by the Secretary; 

3 (2) publicly accessible websites (such as 

4 organdonor.gov, or a successor website) that are 

5 maintained by the Secretary and that contain infor6 mation and resources regarding living organ dona7 tion; and 

8 (3) other media determined appropriate by the 

9 Secretary. 

Æ 


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