S.1552 - Living Donor Protection Act of 2025 (119th Congress)
Summary
The Living Donor Protection Act of 2025 aims to protect living organ donors from discrimination by insurance companies and clarify organ donation surgery as a qualifying event under the Family and Medical Leave Act (FMLA). The bill prohibits insurers from denying or varying the terms of life, disability, or long-term care insurance policies based solely on an individual's status as a living organ donor. It also mandates the Secretary of Health and Human Services to update educational materials regarding the benefits and risks of living organ donation, including the impact on insurance access.
Expected Effects
This act would likely increase the number of living organ donors by removing financial disincentives related to insurance coverage. It would also provide job protection for donors through FMLA, encouraging more people to consider organ donation. The updated educational materials would ensure that potential donors are well-informed about the process and its implications.
Potential Benefits
- Increased organ donation rates, potentially saving more lives.
- Protection against insurance discrimination for living donors.
- Job security for donors through FMLA leave.
- Enhanced public awareness and education regarding organ donation.
- Reduced financial burden on donors related to insurance costs.
Potential Disadvantages
- Potential for increased insurance premiums for all policyholders to offset the risk associated with covering living donors (though the bill attempts to mitigate this by requiring 'actual, unique, and material actuarial risks').
- Increased administrative burden for insurance companies to comply with the new regulations.
- Possible legal challenges from insurance companies arguing against the restrictions on their underwriting practices.
- Limited impact if the public remains unaware of the new protections and FMLA clarifications.
- Potential for misuse of FMLA leave if not properly monitored.
Constitutional Alignment
The Living Donor Protection Act appears to align with the general welfare clause of the Constitution, as it seeks to promote public health by encouraging organ donation. While the federal government's power to regulate insurance is generally limited, the Commerce Clause could be invoked to justify federal intervention in cases where insurance practices affect interstate commerce. The FMLA amendments are within Congress's power to regulate labor standards.
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).