I 
118TH CONGRESS 
1ST SESSION H. R. 2923 
To promote and protect from discrimination living organ donors. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2023 
Mr. NADLER (for himself, Mr. BALDERSON, Ms. BLUNT ROCHESTER, Mr. 
COSTA, Mr. CURTIS, Ms. DEGETTE, Mrs. MILLER-MEEKS, Mr. MURPHY, 
and Mr. BACON) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Oversight and Accountability, 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 provi-
sions 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 2023’’. 
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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, an insurer shall not deny coverage, cancel cov-
erage, 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 insur-
ance policy for a person based solely, and without any ac-
tual, 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 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. 
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(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). 
SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 
QUALIFYING AS A SERIOUS HEALTH CONDI-
TION UNDER FMLA. 
(a) PRIVATE SECTOR EMPLOYEES.—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 donation)’’ after ‘‘physical 
or mental condition’’. 
(b) FEDERAL CIVIL SERVICE EMPLOYEES.— 
(1) DEFINITION.—Section 6381(5) of title 5, 
United States Code, is amended by inserting ‘‘(in-
cluding recovery from surgery related to organ dona-
tion)’’ after ‘‘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 
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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.’’. 
SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 
BENEFITS AND RISKS OF LIVING ORGAN DO-
NATION. 
(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’’) shall review 
and update materials related to living organ dona-
tion in order to educate the public on— 
(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 sub-
section (a), the Secretary shall update, as appropriate— 
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(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 infor-
mation and resources regarding living organ dona-
tion; and 
(3) other media determined appropriate by the 
Secretary. 
Æ 
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