I 

113TH CONGRESS 

2D SESSION H. R. 5263 

To promote and protect from discrimination living organ donors. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2014 

Mr. NADLER (for himself, Mr. BURGESS, Mr. CLAY, and Mr. COSTA) 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 2014’’. 

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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 an organ 

12 as a condition of receiving a life insurance policy, 

13 disability insurance policy, or long-term care insur14 ance 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 that prevents such person from work10 ing. 

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

12 insurance policy’’ means a contract under which an 

13 entity promises to pay a designated beneficiary a 

14 sum of money upon the death of the insured. 

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

16 organ donor’’ means an individual who has donated 

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

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

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

20 a contract under which the only insurance protection 

21 provided under the contract is coverage of qualified 

22 long-term care services (as defined in section 

23 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 informstockstill on DSK4VPTVN1PROD with BILLS

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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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