Living Donor Protection Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1255 To promote and protect from discrimination living organ donors. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 23, 2021 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 Reform, House Administration, Education and Labor, and Financial 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 com- mittee concerned A BILL To promote and protect from discrimination living organ donors. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Living Donor Protec- 4 tion Act of 2021’’. 5 VerDate Sep 11 2014 02:29 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1255.IH H1255 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1255 IH SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR IN- 1 CREASE IN PREMIUMS OF LIFE OR DIS- 2 ABILITY INSURANCE FOR LIVING ORGAN DO- 3 NORS. 4 (a) PROHIBITION.—Notwithstanding any other provi- 5 sion of law, it shall be unlawful to— 6 (1) decline or limit coverage of a person under 7 any life insurance policy, disability insurance policy, 8 or long-term care insurance policy, solely due to the 9 status of such person as a living organ donor; 10 (2) preclude an insured from donating all or 11 part of an organ as a condition of continuing to re- 12 ceive a life insurance policy, disability insurance pol- 13 icy, or long-term care insurance policy; or 14 (3) otherwise discriminate in the offering, 15 issuance, cancellation, amount of such coverage, 16 price, or any other condition of a life insurance pol- 17 icy, disability insurance policy, or long-term care in- 18 surance policy for a person, based solely and without 19 any additional actuarial risks upon the status of 20 such person as a living organ donor. 21 (b) ENFORCEMENT.—A State insurance regulator 22 may take such actions to enforce subsection (a) as are spe- 23 cifically authorized under the laws of such State. 24 (c) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 02:29 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1255.IH H1255 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1255 IH (1) DISABILITY INSURANCE POLICY.—The term 1 ‘‘disability insurance policy’’ means a contract under 2 which an entity promises to pay a person a sum of 3 money in the event that an illness or injury resulting 4 in a disability prevents such person from working. 5 (2) LIFE INSURANCE POLICY.—The term ‘‘life 6 insurance policy’’ means a contract under which an 7 entity promises to pay a designated beneficiary a 8 sum of money upon the death of the insured. 9 (3) LIVING ORGAN DONOR.—The term ‘‘living 10 organ donor’’ means an individual who has donated 11 all or part of an organ and is not deceased. 12 (4) LONG-TERM CARE INSURANCE POLICY.— 13 The term ‘‘long-term care insurance policy’’ means 14 a contract for which the only insurance protection 15 provided under the contract is coverage of qualified 16 long-term care services (as defined in section 17 7702B(c) of the Internal Revenue Code of 1986). 18 SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 19 QUALIFYING AS A SERIOUS HEALTH CONDI- 20 TION UNDER FMLA. 21 (a) PRIVATE SECTOR EMPLOYEES.—Section 101(11) 22 of the Family and Medical Leave Act of 1993 (29 U.S.C. 23 2611(11)) is amended by inserting ‘‘(including recovery 24 VerDate Sep 11 2014 02:29 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1255.IH H1255 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1255 IH from surgery related to organ donation)’’ after ‘‘physical 1 or mental condition’’. 2 (b) FEDERAL CIVIL SERVICE EMPLOYEES.— 3 (1) DEFINITION.—Section 6381(5) of title 5, 4 United States Code, is amended by inserting ‘‘(in- 5 cluding recovery from surgery related to organ dona- 6 tion)’’ after ‘‘physical or mental condition’’. 7 (2) RELATIONSHIP TO ORGAN DONOR LEAVE.— 8 Section 6382(d)(1) of title 5, United States Code is 9 amended by adding at the end the following: ‘‘An 10 employee who takes any part of the 12-week period 11 of leave under subsection (a)(1) to serve as an organ 12 donor (including recovery from surgery related to 13 organ donation) shall substitute, for as much of that 14 part as possible, any leave available to the employee 15 under section 6327.’’. 16 SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 17 BENEFITS AND RISKS OF LIVING ORGAN DO- 18 NATION. 19 (a) EDUCATIONAL MATERIALS.— 20 (1) REVIEW AND UPDATING.—Not later than 6 21 months after the date of enactment of this Act, the 22 Secretary of Health and Human Services (in this 23 section referred to as the ‘‘Secretary’’) shall review 24 VerDate Sep 11 2014 02:29 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1255.IH H1255 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1255 IH and update materials related to living organ dona- 1 tion in order to educate the public on— 2 (A) the benefits and risks of living organ 3 donation; and 4 (B) the impact of living organ donation on 5 the access of a living organ donor to insurance. 6 (2) INFORMATION ON STATUTORY CHANGES.— 7 Such updating shall include information on the 8 changes made by sections 2 and 3 of this Act. 9 (b) METHODS OF UPDATING.—In carrying out sub- 10 section (a), the Secretary shall update, as appropriate— 11 (1) Public Service Announcements previously 12 provided by the Secretary; 13 (2) publicly accessible websites (such as 14 organdonor.gov, or a successor website) that are 15 maintained by the Secretary and that contain infor- 16 mation and resources regarding living organ dona- 17 tion; and 18 (3) other media determined appropriate by the 19 Secretary. 20 Æ VerDate Sep 11 2014 02:29 Mar 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1255.IH H1255 kjohnson on DSK79L0C42PROD with BILLS