H.R.3503 - Kidney Donation Anti-Discrimination Act (119th Congress)
Summary
H.R.3503, the Kidney Donation Anti-Discrimination Act, aims to prevent life insurance providers from discriminating against living kidney donors. The bill prohibits denial of coverage, increased premiums, or altered policy conditions based solely on an individual's status as a living donor, unless justified by actuarial risks unrelated to the donation. It also establishes a private right of action for individuals harmed by such discrimination, allowing them to sue for damages and attorney's fees.
Expected Effects
The bill, if enacted, would provide legal protection for living kidney donors, ensuring they are not unfairly penalized by life insurance companies. This could encourage more people to consider kidney donation, potentially increasing the availability of life-saving transplants. The Act also clarifies that state laws offering greater protection to kidney donors are not preempted.
Potential Benefits
- Increased Organ Donation: By removing a potential disincentive, the bill could encourage more people to become living kidney donors.
- Fairer Insurance Practices: Ensures that life insurance companies do not unfairly discriminate against kidney donors.
- Legal Recourse: Provides a legal avenue for individuals who have been discriminated against to seek damages.
- Improved Public Health: Increased organ donation can lead to more successful transplants, improving overall public health.
- State Flexibility: Preserves the ability of states to enact even stronger protections for living kidney donors.
Potential Disadvantages
- Potential for Litigation: The private right of action could lead to increased litigation against life insurance companies.
- Unintended Consequences: It is possible that some insurance companies may adjust their policies in unforeseen ways to account for perceived risks.
- Limited Scope: The bill only addresses life insurance and does not cover other potential areas of discrimination.
- Enforcement Challenges: Proving discrimination based solely on kidney donation status may be difficult in some cases.
- Increased Insurance Costs: Insurance companies may raise premiums to offset the cost of potential litigation.
Constitutional Alignment
The bill appears to align with the general welfare clause of the Constitution, as it aims to promote public health by encouraging organ donation. The Commerce Clause (Article I, Section 8) could also be invoked to justify federal regulation of insurance practices that affect interstate commerce. The bill does not appear to infringe on any specific constitutional rights or freedoms.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).