S1552119th CongressWALLET

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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