Living Donor Protection Act of 2025
Sponsored By: Senator Cotton, Tom [R-AR]
In Committee
Summary
Protect living organ donors from insurance discrimination and recognize organ donation as an FMLA-qualifying health condition, while directing agencies to update public education on donation.
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- Families and donors: This bill would forbid life, disability, and long-term care insurers from denying coverage, canceling policies, refusing to issue, or charging different prices solely because someone is a living organ donor. Enforcement is assigned to state insurance regulators under state law.
- Workers and employers: Organ donation surgery, preparation, and recovery would count as a serious health condition under the Family and Medical Leave Act for private and certain public employees. For federal civil service workers it would let donors substitute available leave for as much as possible of the 12-week FMLA period.
- Public education and agencies: The Secretary of Health and Human Services, in coordination with the Secretary of Labor, would have 6 months to review and update educational materials about living donation and may conduct outreach through public service announcements and website updates.
Together, these changes would combine legal protections, workplace leave recognition, and government outreach to reduce barriers to living organ donation.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Job-protected leave for organ donors
If enacted, organ donation, surgery preparation, and recovery would count as a serious health condition under FMLA. That would let eligible private‑sector workers take job‑protected leave for donation and recovery. If enacted, federal civil service rules would also add donation activities to qualifying conditions. Federal employees who use any part of the 12‑week leave to donate would be able to substitute as much of that time as possible with available paid leave.
Insurance protections for organ donors
If enacted, life, disability, and long‑term care insurers would generally be barred from denying coverage, canceling, or raising prices just because a person is a living organ donor. The ban would allow insurers to act only when there are actual, unique, and material actuarial risks. State insurance regulators could enforce the rule only to the extent state law allows. The change would take effect upon enactment.
Government outreach on organ donation rights
If enacted, the Department of Health and Human Services, with Labor as appropriate, would review and update public education and materials on living donation within six months. The updates would include information on the new insurance protections and the FMLA changes. HHS would be allowed to issue public service announcements and update websites and other public materials with donation resources.
Sponsors & CoSponsors
Sponsor
Cotton, Tom [R-AR]
AR • R
Cosponsors
Sen. Gillibrand, Kirsten E. [D-NY]
NY • D
Sponsored 5/1/2025
Cindy Hyde-Smith
MS • R
Sponsored 5/1/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 5/1/2025
Shelley Capito
WV • R
Sponsored 5/1/2025
Sen. King, Angus S., Jr. [I-ME]
ME • I
Sponsored 5/1/2025
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 5/1/2025
Sen. Kaine, Tim [D-VA]
VA • D
Sponsored 5/1/2025
Amy Klobuchar
MN • D
Sponsored 5/1/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 5/1/2025
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 5/1/2025
Sen. Coons, Christopher A. [D-DE]
DE • D
Sponsored 5/1/2025
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 5/1/2025
Sen. Ricketts, Pete [R-NE]
NE • R
Sponsored 5/1/2025
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 5/1/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 5/1/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 5/1/2025
Sen. Smith, Tina [D-MN]
MN • D
Sponsored 5/1/2025
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 5/1/2025
Sen. Kelly, Mark [D-AZ]
AZ • D
Sponsored 5/1/2025
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 5/1/2025
Raphael Warnock
GA • D
Sponsored 5/1/2025
Sen. Kim, Andy [D-NJ]
NJ • D
Sponsored 5/5/2025
Gary Peters
MI • D
Sponsored 5/5/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 5/5/2025
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 5/5/2025
John Boozman
AR • R
Sponsored 5/20/2025
Sen. Gallego, Ruben [D-AZ]
AZ • D
Sponsored 6/3/2025
Sen. Justice, James C. [R-WV]
WV • R
Sponsored 6/26/2025
Sen. Daines, Steve [R-MT]
MT • R
Sponsored 8/1/2025
Sen. Collins, Susan M. [R-ME]
ME • R
Sponsored 9/30/2025
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 10/20/2025
Sen. Kennedy, John [R-LA]
LA • R
Sponsored 10/27/2025
Sen. Alsobrooks, Angela D. [D-MD]
MD • D
Sponsored 11/5/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 12/2/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 12/3/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 12/10/2025
Elissa Slotkin
MI • D
Sponsored 1/7/2026
Sen. Marshall, Roger [R-KS]
KS • R
Sponsored 1/29/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 2/23/2026
Sen. Tuberville, Tommy [R-AL]
AL • R
Sponsored 2/23/2026
Sen. Murkowski, Lisa [R-AK]
AK • R
Sponsored 2/24/2026
Sen. Young, Todd [R-IN]
IN • R
Sponsored 2/25/2026
Sen. Banks, Jim [R-IN]
IN • R
Sponsored 3/11/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 3/11/2026
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 3/10/2026
Peter Welch
VT • D
Sponsored 3/17/2026
Sen. Ossoff, Jon [D-GA]
GA • D
Sponsored 4/17/2026
Roll Call Votes
No roll call votes available for this bill.
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