Living Donor Protection Act of 2025
The Living Donor Protection Act of 2025 would shield living organ donors from discrimination by certain types of private insurance. Specifically, it prohibits life, disability, and long-term care insurers from denying coverage, canceling policies, refusing to issue, or altering terms or premiums for someone solely because they are a living organ donor, unless there are actual, meaningful actuarial risks tied to the individual's condition. Enforcement would flow through state insurance regulators. The bill also requires the U.S. Department of Health and Human Services to update educational materials within six months about the benefits and risks of living donation and how donation affects access to insurance, and to disseminate this information through PSAs, websites, and other media. In short, the bill seeks to reduce financial barriers for living organ donors by ensuring they are not penalized in insurance pricing or eligibility simply because they have donated an organ, while also improving public information on donor risks, benefits, and insurance implications.
Key Points
- 1Prohibition on insurance discrimination: Insurers may not deny coverage, cancel, refuse to issue, set premiums, or otherwise alter terms of life, disability, or long-term care insurance for someone based solely on their status as a living organ donor, absent real actuarial risk.
- 2State-level enforcement: Any enforcement actions would be handled by State insurance regulators under existing state laws.
- 3Clear definitions: The bill defines living organ donor, life insurance policy, disability insurance policy, and long-term care insurance policy to avoid misinterpretation.
- 4Educational materials update: The Secretary of Health and Human Services must, within six months of enactment, review and update educational content on living donation, including insurance implications and changes from Section 2.
- 5Outreach methods for information: The Secretary must disseminate updated information through public service announcements, publicly accessible websites (e.g., organdonor.gov), and other appropriate media.