Living Donor Protection Act of 2016

To promote and protect from discrimination living organ donors. 1. Short title This Act may be cited as the Living Donor Protection Act of 2016 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, it shall be unlawful to— (1) decline or limit coverage of a person under any life insurance policy, disability insurance policy, or long-term care insurance policy, due to the status of such person as a living organ donor; (2) preclude a person from donating all or part of an organ as a condition of receiving a life insurance policy, disability insurance policy, or long-term care insurance policy; (3) consider the status of a person as a living organ donor in determining the premium rate for coverage of such person under a life insurance policy, disability insurance policy, or long-term care insurance policy; or (4) otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person, based solely and without any additional actuarial risks upon 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 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 4. Updating of educational materials on the benefits of live organ donation (a) In general 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 (1) the benefits of live organ donation; and (2) the impact of live organ donation on the access of a living organ donor to insurance. 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 Web sites (such as organdonor.gov, or a successor Web site) that are maintained by the Secretary and that contain information and resources regarding live organ donation; and (3) other media determined appropriate by the Secretary.

Summary: Living Donor Protection Act of 2016 This bill prohibits discrimination based on an individual's status as a living organ donor in the offering, issuance, cancellation, coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy. The bill amends the Family and Medical Leave Act of 1993 to specifically include living organ donation as a serious health condition that entitles a covered employee to leave under that Act. The Department of Health and Human Services must update public service announcements, websites, and other media regarding live organ donation to educate the public on the benefits of live organ donation and access to insurance for living organ donors.