Living Donor Protection Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1224 To promote and protect from discrimination living organ donors. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 14, 2019 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 2019’’. 5 VerDate Sep 11 2014 22:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1224.IH H1224 kjohnson on DSK79L0C42 with BILLS 2 •HR 1224 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, due to the status 9 of such person as a living organ donor; 10 (2) preclude a person from donating all or part 11 of an organ as a condition of receiving a life insur- 12 ance policy, disability insurance policy, or long-term 13 care insurance policy; 14 (3) consider the status of a person as a living 15 organ donor in determining the premium rate for 16 coverage of such person under a life insurance pol- 17 icy, disability insurance policy, or long-term care in- 18 surance policy; or 19 (4) otherwise discriminate in the offering, 20 issuance, cancellation, amount of such coverage, 21 price, or any other condition of a life insurance pol- 22 icy, disability insurance policy, or long-term care in- 23 surance policy for a person, based solely and without 24 any additional actuarial risks upon the status of 25 such person as a living organ donor. 26 VerDate Sep 11 2014 22:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1224.IH H1224 kjohnson on DSK79L0C42 with BILLS 3 •HR 1224 IH (b) ENFORCEMENT.—A State insurance regulator 1 may take such actions to enforce subsection (a) as are spe- 2 cifically authorized under the laws of such State. 3 (c) DEFINITIONS.—In this section: 4 (1) DISABILITY INSURANCE POLICY.—The term 5 ‘‘disability insurance policy’’ means a contract under 6 which an entity promises to pay a person a sum of 7 money in the event that an illness or injury resulting 8 in a disability prevents such person from working. 9 (2) LIFE INSURANCE POLICY.—The term ‘‘life 10 insurance policy’’ means a contract under which an 11 entity promises to pay a designated beneficiary a 12 sum of money upon the death of the insured. 13 (3) LIVING ORGAN DONOR.—The term ‘‘living 14 organ donor’’ means an individual who has donated 15 all or part of an organ and is not deceased. 16 (4) LONG-TERM CARE INSURANCE POLICY.— 17 The term ‘‘long-term care insurance policy’’ means 18 a contract for which the only insurance protection 19 provided under the contract is coverage of qualified 20 long-term care services (as defined in section 21 7702B(c) of the Internal Revenue Code of 1986). 22 VerDate Sep 11 2014 22:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1224.IH H1224 kjohnson on DSK79L0C42 with BILLS 4 •HR 1224 IH SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 1 QUALIFYING AS A SERIOUS HEALTH CONDI- 2 TION UNDER FMLA. 3 (a) PRIVATE SECTOR EMPLOYEES.—Section 101(11) 4 of the Family and Medical Leave Act of 1993 (29 U.S.C. 5 2611(11)) is amended by inserting ‘‘(including recovery 6 from surgery related to organ donation)’’ after ‘‘physical 7 or mental condition’’. 8 (b) FEDERAL CIVIL SERVICE EMPLOYEES.— 9 (1) DEFINITION.—Section 6381(5) of title 5, 10 United States Code, is amended by inserting ‘‘(in- 11 cluding recovery from surgery related to organ dona- 12 tion)’’ after ‘‘physical or mental condition’’. 13 (2) RELATIONSHIP TO ORGAN DONOR LEAVE.— 14 Section 6382(d) of title 5, United States Code is 15 amended by adding at the end the following: ‘‘An 16 employee who takes any part of the 12-week period 17 of leave under subsection (a)(1) to serve as an organ 18 donor (including recovery from surgery related to 19 organ donation) shall substitute, for as much of that 20 part as possible, any leave available to the employee 21 under section 6327.’’. 22 SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 23 BENEFITS OF LIVE ORGAN DONATION. 24 (a) EDUCATIONAL MATERIALS.— 25 VerDate Sep 11 2014 22:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1224.IH H1224 kjohnson on DSK79L0C42 with BILLS 5 •HR 1224 IH (1) REVIEW AND UPDATING.—Not later than 6 1 months after the date of enactment of this Act, the 2 Secretary of Health and Human Services (in this 3 section referred to as the ‘‘Secretary’’) shall review 4 and update materials related to live organ donation 5 in order to educate the public on— 6 (A) the benefits of live organ donation; and 7 (B) the impact of live organ donation on 8 the access of a living organ donor to insurance. 9 (2) INFORMATION ON STATUTORY CHANGES.— 10 Such updating shall include information on the 11 changes made by sections 2 and 3 of this Act. 12 (b) METHODS OF UPDATING.—In carrying out sub- 13 section (a), the Secretary shall update, as appropriate— 14 (1) Public Service Announcements previously 15 provided by the Secretary; 16 (2) publicly accessible Web sites (such as 17 organdonor.gov, or a successor Web site) that are 18 maintained by the Secretary and that contain infor- 19 mation and resources regarding live organ donation; 20 and 21 (3) other media determined appropriate by the 22 Secretary. 23 Æ VerDate Sep 11 2014 22:51 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1224.IH H1224 kjohnson on DSK79L0C42 with BILLS