Living Donor Protection Act of 2025
Sponsored By: Senator Tom Cotton
Introduced
Summary
This bill would bar insurers from discriminating against living organ donors in life, disability, and long-term care policies. It also would make organ donation recovery qualify for Family and Medical Leave Act protection and require updated public education on donation and insurance access.
Show full summary
- Living organ donors: Stops life, disability, and long-term care insurers from denying, canceling, or changing coverage solely because someone donated an organ unless the insurer shows an actual, unique, and material actuarial risk. State insurance regulators may enforce the rule under their laws.
- Private-sector employees: Treats recovery from organ donation surgery as a "serious health condition" under the Family and Medical Leave Act so eligible employees can use FMLA leave for donation and recovery.
- Federal civil service employees: Adds the same FMLA language for federal workers and allows an employee who uses part of the 12-week FMLA period to donate to substitute available paid leave for as much of that time as possible.
- Public education: Requires the Secretary to review and update educational materials within 6 months to explain donation benefits and risks, the new insurance protections, and the FMLA changes using websites, public service announcements, and other media such as organdonor.gov.
Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Insurance protections for living donors
If enacted, insurers generally could not deny, cancel, refuse to issue, or raise the price of life, disability, or long‑term care insurance solely because someone is a living organ donor. Insurers could act only when there are actual, unique, and material actuarial risks. State regulators may enforce this only as allowed by state law. This change would take effect upon enactment.
FMLA leave for organ donors
If enacted, this would clarify that recovery from organ donation surgery counts as a "serious health condition" under the Family and Medical Leave Act. If you are eligible for FMLA, you would be able to take leave for recovery. This change would take effect upon enactment.
Leave rules for federal organ donors
If enacted, this would treat recovery from organ donation surgery as a qualifying condition for federal leave under title 5. Eligible federal civil service employees could elect to substitute accrued leave for as much of the 12‑week period as possible. This change would take effect upon enactment.
Health Department updates donation materials
If enacted, the Department of Health and Human Services would review and update public materials about living organ donation within six months. Updates must explain benefits, risks, insurance access, and the bill's leave and insurance changes. HHS would update websites, public service announcements, and other media as appropriate.
Sponsors & CoSponsors
Sponsor
Tom Cotton
AR • R
Cosponsors
Kirsten Gillibrand
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
Angus King
ME • I
Sponsored 5/1/2025
Richard Blumenthal
CT • D
Sponsored 5/1/2025
Timothy Kaine
VA • D
Sponsored 5/1/2025
Amy Klobuchar
MN • D
Sponsored 5/1/2025
Jeff Merkley
OR • D
Sponsored 5/1/2025
Sheldon Whitehouse
RI • D
Sponsored 5/1/2025
Christopher Coons
DE • D
Sponsored 5/1/2025
Marsha Blackburn
TN • R
Sponsored 5/1/2025
Pete Ricketts
NE • R
Sponsored 5/1/2025
Thomas Tillis
NC • R
Sponsored 5/1/2025
Richard Durbin
IL • D
Sponsored 5/1/2025
Jeanne Shaheen
NH • D
Sponsored 5/1/2025
Tina Smith
MN • D
Sponsored 5/1/2025
Ron Wyden
OR • D
Sponsored 5/1/2025
Mark Kelly
AZ • D
Sponsored 5/1/2025
Jacky Rosen
NV • D
Sponsored 5/1/2025
Raphael Warnock
GA • D
Sponsored 5/1/2025
Andy Kim
NJ • D
Sponsored 5/5/2025
Gary Peters
MI • D
Sponsored 5/5/2025
Cory Booker
NJ • D
Sponsored 5/5/2025
Christopher Murphy
CT • D
Sponsored 5/5/2025
John Boozman
AR • R
Sponsored 5/20/2025
Ruben Gallego
AZ • D
Sponsored 6/3/2025
James Justice
WV • R
Sponsored 6/26/2025
Steve Daines
MT • R
Sponsored 8/1/2025
Susan Collins
ME • R
Sponsored 9/30/2025
Michael Bennet
CO • D
Sponsored 10/20/2025
John Kennedy
LA • R
Sponsored 10/27/2025
Angela Alsobrooks
MD • D
Sponsored 11/5/2025
Kevin Cramer
ND • R
Sponsored 12/2/2025
Adam Schiff
CA • D
Sponsored 12/3/2025
Tim Sheehy
MT • R
Sponsored 12/10/2025
Elissa Slotkin
MI • D
Sponsored 1/7/2026
Roger Marshall
KS • R
Sponsored 1/29/2026
Tammy Duckworth
IL • D
Sponsored 2/23/2026
Tommy Tuberville
AL • R
Sponsored 2/23/2026
Lisa Murkowski
AK • R
Sponsored 2/24/2026
Todd Young
IN • R
Sponsored 2/25/2026
Roll Call Votes
No roll call votes available for this bill.
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