H.R. 1255House117th Congress (2021-2023)In Committee

Living Donor Protection Act of 2021

Introduced February 23, 2021

AI-Generated Summary

Updated February 7, 2026 at 11:05 PM UTC

The Living Donor Protection Act of 2021 aims to prevent discrimination against people who donate an organ while they are alive. It bars life, disability, and long‑term‑care insurers from denying coverage, raising premiums, or imposing conditions because someone is a living donor. The bill also expands family‑medical‑leave rules to cover recovery from organ‑donation surgery and directs the Health and Human Services Secretary to update public information about donor benefits, risks, and insurance impacts.

Key Provisions

  • Prohibits insurers from refusing, limiting, or charging higher premiums for life, disability, or long‑term‑care policies solely because a person is a living organ donor, and allows state regulators to enforce this.
  • Amends the Family and Medical Leave Act and federal civil service leave rules to treat recovery from organ‑donation surgery as a serious health condition, counting it toward eligible leave and allowing substitution of other leave types.
  • Requires the HHS Secretary to review and update educational materials within six months, adding information on the new insurance protections and the benefits and risks of living organ donation, using public announcements, websites, and other media.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

February 24, 2021

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HouseIntro Referral

Introduced in House

February 23, 2021

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, House Administration, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 23, 2021

HouseCommittee

Referred to the Subcommittee on Health.

February 24, 2021

Floor Debate

8 members

What members said about H.R. 1255 on the floor

4 Republicans4 Democrats
Joe Neguse
Rep. Joe NeguseD-CO-2 · Jul 26, 2022

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1254 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jul 26, 2022

Mr. Speaker, I thank Mr. Neguse for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, today's rule provides for consideration of three bills, three…

John Katko
Rep. John KatkoR-NY-24 · Jul 26, 2022

Mr. Speaker, I rise today to oppose the previous question so we can immediately consider H. Res. 1255 led by my good friend and colleague Michael Guest, the vice ranking member of the Committee on…

Daniel T. Kildee
Rep. Daniel T. KildeeD-MI-5 · Jul 26, 2022

Mr. Speaker, I thank the gentleman from Colorado (Mr. Neguse), my friend, for yielding to me to speak in favor of this rule, which includes consideration of legislation that I and others drafted, the…

Michael Guest
Rep. Michael GuestR-MS-3 · Jul 26, 2022

Mr. Speaker, I rise to oppose the previous question so that we may immediately consider H. Res. 1255. This resolution expresses support for the United States Border Patrol agents and condemns the…

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August Pfluger
Rep. August PflugerR-TX-11 · Jul 26, 2022

Mr. Speaker, I thank the ranking member for yielding. I rise today to oppose the previous question so we can immediately consider H.R. 1255 and bring forward my good friend Mr. Guest's resolution…

Ed Perlmutter
Rep. Ed PerlmutterD-CO-7 · Jul 26, 2022

Mr. Speaker, I thank my friend from Colorado for extending me 3 minutes. Mr. Speaker, I rise today in support of the previous question and the rule, especially the section regarding the Wildfire…

Jamaal Bowman
Rep. Jamaal BowmanD-NY-16 · Jul 26, 2022

Madam Speaker, had I been present, I would have voted yea on rollcall No. 386. Members Recorded Pursuant to House Resolution 8, 117th Congress Amodei (Balderson) Babin (Sessions) Blumenauer (Beyer)…

Bill Text

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Introduced in HouseIssued February 23, 2021

I

117th CONGRESS

1st Session

H. R. 1255

IN THE HOUSE OF REPRESENTATIVES

February 23, 2021

Mr. Nadler (for himself and Ms. Herrera Beutler) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Oversight and Reform, House Administration, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To promote and protect from discrimination living organ donors.

1.

Short title

This Act may be cited as the Living Donor Protection Act of 2021.

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, it shall be unlawful to—

(1)

decline or limit coverage of a person under any life insurance policy, disability insurance policy, or long-term care insurance policy, solely due to the status of such person as a living organ donor;

(2)

preclude an insured from donating all or part of an organ as a condition of continuing to receive a life insurance policy, disability insurance policy, or long-term care insurance policy; or

(3)

otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person, based solely and without any additional actuarial risks upon 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).

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 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 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) shall substitute, for as much of that part as possible, any leave available to the employee under section 6327..

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 on the changes made by sections 2 and 3 of this Act.

(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 determined appropriate by the Secretary.