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- 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 2023’’. 5 VerDate Sep 11 2014 05:24 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2923.IH H2923 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2923 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, an insurer shall not deny coverage, cancel cov- 6 erage, refuse to issue, determine the price or premium for, 7 or otherwise vary any term or condition of a life insurance 8 policy, disability insurance policy, or long-term care insur- 9 ance policy for a person based solely, and without any ac- 10 tual, unique, and material actuarial risks, on the status 11 of such person as a living organ donor. 12 (b) ENFORCEMENT.—A State insurance regulator 13 may take such actions to enforce subsection (a) as are spe- 14 cifically authorized under the laws of such State. 15 (c) DEFINITIONS.—In this section: 16 (1) DISABILITY INSURANCE POLICY.—The term 17 ‘‘disability insurance policy’’ means a contract under 18 which an entity promises to pay a person a sum of 19 money in the event that an illness or injury resulting 20 in a disability prevents such person from working. 21 (2) LIFE INSURANCE POLICY.—The term ‘‘life 22 insurance policy’’ means a contract under which an 23 entity promises to pay a designated beneficiary a 24 sum of money upon the death of the insured. 25 VerDate Sep 11 2014 05:24 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2923.IH H2923 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2923 IH (3) LIVING ORGAN DONOR.—The term ‘‘living 1 organ donor’’ means an individual who has donated 2 all or part of an organ and is not deceased. 3 (4) LONG-TERM CARE INSURANCE POLICY.— 4 The term ‘‘long-term care insurance policy’’ means 5 a contract for which the only insurance protection 6 provided under the contract is coverage of qualified 7 long-term care services (as defined in section 8 7702B(c) of the Internal Revenue Code of 1986). 9 SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS 10 QUALIFYING AS A SERIOUS HEALTH CONDI- 11 TION UNDER FMLA. 12 (a) PRIVATE SECTOR EMPLOYEES.—Section 101(11) 13 of the Family and Medical Leave Act of 1993 (29 U.S.C. 14 2611(11)) is amended by inserting ‘‘(including recovery 15 from surgery related to organ donation)’’ after ‘‘physical 16 or mental condition’’. 17 (b) FEDERAL CIVIL SERVICE EMPLOYEES.— 18 (1) DEFINITION.—Section 6381(5) of title 5, 19 United States Code, is amended by inserting ‘‘(in- 20 cluding recovery from surgery related to organ dona- 21 tion)’’ after ‘‘physical or mental condition’’. 22 (2) RELATIONSHIP TO ORGAN DONOR LEAVE.— 23 Section 6382(d)(1) of title 5, United States Code is 24 amended by adding at the end the following: ‘‘An 25 VerDate Sep 11 2014 05:24 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2923.IH H2923 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2923 IH employee who takes any part of the 12-week period 1 of leave under subsection (a)(1) to serve as an organ 2 donor (including recovery from surgery related to 3 organ donation) shall substitute, for as much of that 4 part as possible, any leave available to the employee 5 under section 6327.’’. 6 SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE 7 BENEFITS AND RISKS OF LIVING ORGAN DO- 8 NATION. 9 (a) EDUCATIONAL MATERIALS.— 10 (1) REVIEW AND UPDATING.—Not later than 6 11 months after the date of enactment of this Act, the 12 Secretary of Health and Human Services (in this 13 section referred to as the ‘‘Secretary’’) shall review 14 and update materials related to living organ dona- 15 tion in order to educate the public on— 16 (A) the benefits and risks of living organ 17 donation; and 18 (B) the impact of living organ donation on 19 the access of a living organ donor to insurance. 20 (2) INFORMATION ON STATUTORY CHANGES.— 21 Such updating shall include information on the 22 changes made by sections 2 and 3 of this Act. 23 (b) METHODS OF UPDATING.—In carrying out sub- 24 section (a), the Secretary shall update, as appropriate— 25 VerDate Sep 11 2014 05:24 May 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2923.IH H2923 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2923 IH (1) Public Service Announcements previously 1 provided by the Secretary; 2 (2) publicly accessible websites (such as 3 organdonor.gov, or a successor website) that are 4 maintained by the Secretary and that contain infor- 5 mation and resources regarding living organ dona- 6 tion; and 7 (3) other media determined appropriate by the 8 Secretary. 9 Æ VerDate Sep 11 2014 05:24 May 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H2923.IH H2923 kjohnson on DSK79L0C42PROD with BILLS