119-s1552

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1552 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1552

 To promote and protect from discrimination living organ donors.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 1, 2025

 Mr. Cotton (for himself, Mrs. Gillibrand, Mrs. Hyde-Smith, Mr. Lujan, 
 Mrs. Capito, Mr. King, Mr. Blumenthal, Mr. Kaine, Ms. Klobuchar, Mr. 
 Merkley, Mr. Whitehouse, Mr. Coons, Mrs. Blackburn, Mr. Ricketts, Mr. 
Tillis, Mr. Durbin, Mrs. Shaheen, Ms. Smith, Mr. Wyden, Mr. Kelly, Ms. 
 Rosen, and Mr. Warnock) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
 Pensions

_______________________________________________________________________

 A BILL

 To promote and protect from discrimination living organ donors.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Living Donor Protection Act of 
2025''.

SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR INCREASE IN PREMIUMS OF 
 LIFE OR DISABILITY INSURANCE FOR LIVING ORGAN DONORS.

    (a) Prohibition.--Notwithstanding any other provision of law, an 
insurer shall not deny coverage, cancel coverage, refuse to issue, 
determine the price or premium for, or otherwise vary any term or 
condition of a life insurance policy, disability insurance policy, or 
long-term care insurance policy for a person based solely, and without 
any actual, unique, and material actuarial risks, on the status of such 
person as a living organ donor.

    (b) Enforcement.--A State insurance regulator may take such actions 
to enforce subsection

    (a) as are specifically authorized under the laws 
of such State.
            (c) === Definitions. ===
-In this section:

    (1) Disability insurance 

=== policy ===
-The term ``disability 
 insurance policy'' means a contract under which an entity 
 promises to pay a person a sum of money in the event that an 
 illness or injury resulting in a disability prevents such 
 person from working.

    (2) Life insurance 

=== policy ===
-The term ``life insurance 
 policy'' means a contract under which an entity promises to pay 
 a designated beneficiary a sum of money upon the death of the 
 insured.

    (3) Living organ donor.--The term ``living organ donor'' 
 means an individual who has donated all or part of an organ and 
 is not deceased.

    (4) Long-term care insurance 

=== policy ===
-The term ``long-term 
 care insurance policy'' means a contract for which the only 
 insurance protection provided under the contract is coverage of 
 qualified long-term care services (as defined in 

section 7702B
            (c) of the Internal Revenue Code of 1986).

SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS QUALIFYING AS A 
 SERIOUS HEALTH CONDITION UNDER FMLA.

    (a) Private Sector Employees.--

Section 101

    (11) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611

    (11) ) is amended, in the 
matter preceding subparagraph
        (A) , by inserting ``(including recovery 
from surgery related to organ donation)'' after ``physical or mental 
condition''.

    (b) Federal Civil Service Employees.--

    (1) === Definition. ===
-

Section 6381

    (5) of title 5, United States 
 Code, is amended, in the matter preceding subparagraph
        (A) , by 
 inserting ``(including recovery from surgery related to organ 
 donation)'' after ``physical or mental condition''.

    (2) Relationship to organ donor leave.--

Section 6382
            (d) (1) of title 5, United States Code, is amended by adding at the end 
 the following: ``An employee who takes any part of the 12-week 
 period of leave under subsection

    (a)

    (1) to serve as an organ 
 donor (including recovery from surgery related to organ 
 donation) may elect to substitute, for as much of that part as 
 possible, any leave available to the employee under 

section 6327.''.

SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE BENEFITS AND RISKS OF 
 LIVING ORGAN DONATION.

    (a) Educational Materials.--

    (1) Review and updating.--Not later than 6 months after the 
 date of enactment of this Act, the Secretary of Health and 
 Human Services (in this section referred to as the 
 ``Secretary'') shall review and update materials related to 
 living organ donation in order to educate the public on--
        (A) the benefits and risks of living organ 
 donation; and
        (B) the impact of living organ donation on the 
 access of a living organ donor to insurance.

    (2) Information on statutory changes.--Such updating shall 
 include information regarding the requirements under 

section 2 
 and the amendments made by 

section 3.

    (b) Methods of Updating.--In carrying out subsection

    (a) , the 
Secretary shall update, as appropriate--

    (1) public service announcements previously provided by the 
 Secretary;

    (2) publicly accessible websites (such as organdonor.gov, 
 or a successor website) that are maintained by the Secretary 
 and that contain information and resources regarding living 
 organ donation; and

    (3) other media, as the Secretary determines appropriate.
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