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Legislation Introduced To Protect Living Organ Donors

WASHINGTON, D.C. — At the start of National Kidney Month, U.S. Senators Kirsten Gillibrand, D-N.Y., and Tom Cotton, R-Ark. and U.S. Representatives Jerrold Nadler, D-N.Y., and Jaime Herrera Beutler, R-Wash., introduced legislation to protect the rights of living organ donors.

The Living Donor Protection Act would protect living donors from high insurance premiums, codify Department of Labor guidance that covers living donors under the Family Medical Leave Act (FMLA) in the private and civil service, remove barriers to organ donation, and provide certainty to donors and recipients.

“It’s a tragedy that so many people die while waiting for life-saving organ donations. We must do more to remove the barriers that keep Americans from donating,” Gillibrand said. “The bipartisan Living Donor Protection Act would help ensure that the individuals who are willing to save someone’s life through an organ donation can do so without worrying that they’ll face insurance discrimination or that they could lose their job as they recover. These protections are critical for individuals who choose to become living donors, and I will keep working with my colleagues across the aisle to finally pass this legislation.

The Living Donor Protection Act would protect living organ donors and promote organ donation in three ways:

¯ Prohibits life, disability, and long term care insurance companies from denying or limiting coverage and from charging higher premiums for living organ donors;

¯ Amends the Family and Medical Leave Act of 1993 to specifically include living organ donation as a serious health condition for private and civil service employees; and

¯ Directs the U.S. Department of Health and Human Services (HHS) to update their materials on live organ donation to reflect these new protections and encourage more individuals to consider donating an organ.

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