Living Donor Protection Act of 2021
Bill: S.377 | Sponsor: Sen. Gillibrand, Kirsten E. (D-NY)
Policy area: Health

Summary:
Living Donor Protection Act of 2021
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 live organ donation to include information about the benefits of live organ donation and about access to insurance for living organ donors.

To promote and protect from discrimination living organ donors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Living Donor Protection Act of 
2021''.

SEC. 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, solely due to the status of such person 
        as a living organ donor;
            (2) preclude an insured from donating all or part of an 
        organ as a condition of continuing to receive a life insurance 
        policy, disability insurance policy, or long-term care 
        insurance policy; or
            (3) 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'' 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).

SEC. 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)) 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 ``(including recovery from 
        surgery related to organ donation)'' 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 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 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'') shall review and update materials related to 
        living organ donation 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 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.
                                 <all>