New Bill Shields Living Organ Donors: Insurance Protections and FMLA Leave Clarified

Ever thought about donating an organ to someone in need but worried about the fallout—like your insurance costs skyrocketing or not getting time off work? The Living Donor Protection Act of 2025 aims to tackle those exact concerns. This proposed legislation would bar insurance companies from denying or jacking up rates for life, disability, or long-term care insurance just because someone is a living organ donor, as long as there aren't other unique actuarial risks. It also formally recognizes organ donation surgery as a "serious health condition" under the Family and Medical Leave Act (FMLA), ensuring job-protected leave. Plus, it mandates updates to public educational materials on organ donation within six months of enactment.

Donate an Organ, Not Your Insurance Peace of Mind

So, what does this mean for your insurance? Section 2 of the bill is pretty direct: if you've been a living organ donor, an insurer can't use that fact alone to refuse you a life insurance policy, a disability insurance policy (which helps replace income if you can't work), or a long-term care insurance policy (which covers services like nursing home care, as defined in 26 U.S.C. § 7702B). They also can't change your terms or hike your premiums solely based on your donor status, unless your specific case presents a unique, calculable risk beyond just being a donor. For example, if you donate a kidney and recover fully without complications directly attributable to the donation that would increase your actuarial risk for other conditions, your insurer couldn't penalize you. State insurance regulators would be tasked with enforcing these new rules. This could be a game-changer for folks who've hesitated to donate due to fears of becoming uninsurable or facing unaffordable premiums down the line.

Giving an Organ? Your Job (and Leave) Should Be Secure

Taking time off for major surgery and recovery is a big deal. Section 3 of the Act clarifies that surgery for organ donation qualifies as a "serious health condition" under the Family and Medical Leave Act (FMLA). This applies to both private sector employees covered by FMLA (amending 29 U.S.C. 2611(11)) and federal civil service employees (amending 5 U.S.C. 6381(5)). In plain English, this means eligible employees can take up to 12 weeks of job-protected leave to donate an organ and recover. If you work for a company with 50+ employees and meet FMLA's work hour requirements, donating a kidney to your sibling, for instance, would be a valid reason for FMLA leave. Federal employees get an extra layer of flexibility: the bill amends section 6382(d)(1) of title 5, United States Code, allowing them to substitute any paid leave they have available under section 6327 (which already provides for paid leave for organ donation) for the otherwise unpaid FMLA leave. This means they can use their accrued paid donor leave, sick, or annual leave to maintain their income during their FMLA-protected recovery period.

Getting the Word Out: Clearer Info for Potential Donors

Finally, the bill wants to make sure everyone understands the ins and outs of living donation, including these new protections. Section 4 requires the Secretary of Health and Human Services (HHS) to update all educational materials on living organ donation within six months. This isn't just a pamphlet refresh; it includes public service announcements and government websites. The updated info will cover the benefits and risks of donation, how donation impacts insurance access, and specifically detail the changes this Act brings. So, if you're considering donation, you should have access to clearer, federally vetted information about what these protections mean for your insurance and your job.