Living Donor Protection Act of 2023

To promote and protect from discrimination living organ donors. 1. Short title This Act may be cited as the Living Donor Protection Act of 2023 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 (2) Life insurance policy The term life insurance policy (3) Living organ donor The term living organ donor (4) Long-term care insurance policy The term long-term care insurance policy section 7702B(c) 3. Clarification of organ donation surgery as qualifying as a serious health condition under FMLA (a) Private sector employees Section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) (including recovery from surgery related to organ donation) physical or mental condition (b) Federal civil service employees (1) Definition Section 6381(5) of title 5, United States Code, is amended by inserting (including recovery from surgery related to organ donation) 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) shall substitute, for as much of that part as possible, any leave available to the employee under section 6327. 4. Updating of educational materials on the benefits and risks of living organ donation (a) Educational materials (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 (A) the benefits and risks of living organ donation; and (B) the impact of living organ donation on the access of a living organ donor to insurance. (2) Information on statutory changes Such updating shall include information on the changes made by sections 2 and 3 of this Act. (b) Methods of updating In carrying out subsection (a), the Secretary shall update, as appropriate— (1) Public Service Announcements previously provided by the Secretary; (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 (3) other media determined appropriate by the Secretary.

Summary: Living Donor Protection Act of 2023 This bill prohibits certain insurance carriers from discriminating against, and provides other protections for, living organ donors. Specifically, carriers may not deny, cancel, or otherwise impose conditions on policies for life insurance, disability insurance, or long-term care insurance based on an individual's status as a living organ donor. The bill also expressly specifies that recovery from organ-donation surgery constitutes a serious health condition that entitles eligible employees to job-protected medical leave. In addition, the Department of Health and Human Services must update educational materials on living organ donation to include information about the benefits of living organ donation and about access to insurance for living organ donors.