HR4583-119

What This Bill Does

The Living Donor Protection Act addresses nonmedical barriers to organ donation. It prohibits insurers from denying coverage, canceling coverage, refusing to issue coverage, setting premiums, or otherwise varying the terms of a life insurance policy, disability insurance policy, or long-term care insurance policy solely because a person is a living organ donor, unless the insurer has actual, unique, and material actuarial risk for that individual. State insurance regulators may enforce the prohibition using authority available under state law. The bill defines living organ donor as someone who donated all or part of an organ and is not deceased, and it defines the covered insurance products. HHS must review and update public materials within six months to educate the public about living organ donation benefits and risks and the effect of living donation on insurance access, including updates to public service announcements, organdonor.gov or successor websites, and other media the Secretary chooses.

Who Benefits and How

Living organ donors benefit from protection against insurance denial, cancellation, refusal, premium increases, or coverage-term changes based solely on donor status. Potential living organ donors benefit because insurance fears become less of a deterrent to donation. Transplant patients benefit if more potential donors are willing to donate after insurance protections are clear. State insurance regulators benefit from an explicit federal standard they may enforce under state authority.

Who Bears the Burden and How

Life insurers must justify donor-related underwriting actions with actual, unique, and material actuarial risk. Disability insurers must avoid donor-status discrimination in policy issuance, pricing, and terms. Long-term care insurers must apply the same donor-protection rule. HHS must update public education materials, websites, public service announcements, and other media within six months.

Key Provisions

• Prohibits life insurance discrimination based solely on living organ donor status without actual actuarial risk.
• Prohibits disability insurance discrimination based solely on living organ donor status without actual actuarial risk.
• Prohibits long-term care insurance discrimination based solely on living organ donor status without actual actuarial risk.
• Authorizes state insurance regulators to enforce the donor-protection rule under state law.
• Requires HHS to update living organ donation education materials within six months.