S1552-119

What This Bill Does

Protects living organ donors by barring life, disability, and long-term care insurers from denying, canceling, refusing, pricing, or varying coverage solely because of living organ donor status without actual unique material actuarial risk; classifies organ donation and recovery as an FMLA serious health condition; allows federal employees to substitute organ-donor leave; and requires HHS donor education updates.

Who Benefits and How

Living organ donors benefit because insurers cannot use donor status alone to deny or vary life, disability, or long-term care coverage without actual unique material actuarial risk. Organ donor candidates benefit because HHS education materials must explain the insurance protections and FMLA changes. Workers donating organs benefit because organ donation, surgery preparation, recovery, and related activities are included in the FMLA serious-health-condition definition. Federal employee donors benefit because they may substitute available organ-donor leave during the 12-week family and medical leave period.

Who Bears the Burden and How

Life insurers, disability insurers, and long-term care insurers must justify any donor-based underwriting with actual unique material actuarial risk rather than donor status alone. State insurance regulators must enforce the insurance rule using state-law authorities. Employers administering FMLA must treat organ donation and recovery as covered serious health conditions. Federal agency leave offices must coordinate FMLA leave with organ-donor leave substitution. HHS transplant education staff and Labor Department staff must review and update public materials, websites, and media.

Key Provisions

• Prohibits insurers from denying, canceling, refusing, pricing, or varying life, disability, or long-term care coverage based solely on living organ donor status without actual unique material actuarial risk.
• Authorizes state insurance regulators to enforce the insurance protection under state law.
• Defines living organ donors to include human organ and bone marrow donors who are not deceased.
• Adds organ donation, preparation, recovery, and related activities to the FMLA serious-health-condition definition.
• Extends the same organ-donation serious-health-condition rule to federal employees and allows substitution of available organ-donor leave.
• Requires HHS, coordinated with Labor as appropriate, to update living organ donation education materials, activities, public service announcements, websites, and media.