I 
115TH CONGRESS 
1ST SESSION H. R. 1270 
To promote and protect from discrimination living organ donors. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2017 
Mr. NADLER (for himself and Ms. HERRERA BEUTLER) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Oversight and Government 
Reform, House Administration, Education and the Workforce, and Fi-
nancial 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Living Donor Protec-
tion Act of 2017’’. 
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SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR IN-
CREASE IN PREMIUMS OF LIFE OR DIS-
ABILITY INSURANCE FOR LIVING ORGAN DO-
NORS. 
(a) PROHIBITION.—Notwithstanding any other provi-
sion 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 insur-
ance 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 pol-
icy, disability insurance policy, or long-term care in-
surance policy; or 
(4) otherwise discriminate in the offering, 
issuance, cancellation, amount of such coverage, 
price, or any other condition of a life insurance pol-
icy, disability insurance policy, or long-term care in-
surance policy for a person, based solely and without 
any additional actuarial risks upon the status of 
such person as a living organ donor. 
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(b) ENFORCEMENT.—A State insurance regulator 
may take such actions to enforce subsection (a) as are spe-
cifically authorized under the laws of such State. 
(c) DEFINITIONS.—In this section: 
(1) DISABILITY INSURANCE POLICY.—The term 
‘‘disability insurance policy’’ means a contract under 
which an entity promises to pay a person a sum of 
money in the event that an illness or injury resulting 
in a disability prevents such person from working. 
(2) LIFE INSURANCE POLICY.—The term ‘‘life 
insurance policy’’ means a contract under which an 
entity promises to pay a designated beneficiary a 
sum of money upon the death of the insured. 
(3) LIVING ORGAN DONOR.—The term ‘‘living 
organ donor’’ means an individual who has donated 
all or part of an organ and is not deceased. 
(4) LONG-TERM
CARE
INSURANCE
POLICY.— 
The term ‘‘long-term care insurance policy’’ means 
a contract for which the only insurance protection 
provided under the contract is coverage of qualified 
long-term care services (as defined in section 
7702B(c) of the Internal Revenue Code of 1986). 
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SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 
QUALIFYING AS A SERIOUS HEALTH CONDI-
TION UNDER FMLA. 
Section 101(11) of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2611(11)) is amended by inserting 
‘‘(including recovery from surgery related to organ dona-
tion)’’ after ‘‘physical or mental condition’’. 
SEC. 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 ‘‘Sec-
retary’’) shall review and update materials related to live 
organ donation in order to educate the public on— 
(1) the benefits of live organ donation; and 
(2) the impact of live organ donation on the ac-
cess 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 sub-
section (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 infor-
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