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January 6, 2025
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W.
Washington, DC 20004
Dear Secretary Smith,
Today, I am introducing the Living Donor Protection Amendment Act of 2025, along with
Councilmembers Janeese Lewis George, Christina Henderson, Charles Allen, Brianne K.
Nadeau, Matthew Frumin, Robert C. White, Jr., Anita Bonds, and Brooke Pinto. This legislation
would ensure that living organ donors are protected from unfair insurance discrimination due to
their status as a living organ donor. It is estimated that nearly 200,000 individuals nationwide are
living organ donors, and 567 of those donors are Washingtonians.
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According to the American Kidney Fund, states have enacted a patchwork of living organ donor
protections in the absence of a comprehensive federal law.
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The two most common state
protections for living organ donors are job-protected leave from public employers and protection
from life, disability or long-term care insurance discrimination. The Organ and Bone Marrow
Donor Leave Amendment Act of 2002 provides District government employees paid leave to
serve as an organ or a bone marrow donor.
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However, unlike 32 other states, the District has yet
to enact a law to protect living organ donors from unfair insurance discrimination.
Based solely on a person’s status as a living organ donor, the Living Donor Protection
Amendment Act of 2025 would prohibit life, disability, and long-term care insurance companies
from:
• Denying, canceling, or refusing to issue coverage;
• Determining the price or premium for coverage; or
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Organ Procurement and Transplant Network (OPTN), National and State data, data current as of March 6, 2024.
OPTN data on organ donation dates from 1988, the first full year of OPTN data collection.
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American Kidney Fund, State of the States: 2024 AKF Living Donor Protection Report Card, February 22, 2024.
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D.C. Code § 1–612.03b. 2
• Otherwise varying any term or condition of an insurance policy.
This bill was developed in consultation with the American Kidney Fund, the American Council
of Life Insurers, and the Department of Insurance, Securities, and Banking.
Please contact my Committee Director, Doni Crawford, at dcrawford@dccouncil.gov if you have
any questions.
Sincerely,
Kenyan R. McDuffie
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Councilmember Janeese Lewis George Councilmember Kenyan R. McDuffie 2
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Councilmember Charles Allen Councilmember Christina Henderson 6
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Councilmember Matthew Frumin Councilmember Brianne K. Nadeau 10
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Councilmember Anita Bonds Councilmember Robert C. White, Jr. 14
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Councilmember Brooke Pinto 18
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A BILL 23
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 27
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To amend the Insurance Trade Economic Development Amendment Act of 2000 to create 32
definitions for the terms living organ donor and organ, and to protect living organ donors 33
from unfair discrimination. 34
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
act may be cited as the “Living Donor Protection Amendment Act of 2025”. 37
Sec. 2. The Insurance Trade and Economic Development Amendment Act of 2000, 38
effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code § 31-2231.01 et seq.), is amended 39
as follows: 40
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(a) Section 101 (D.C. Official Code § 31-2231.01) is amended as follows: 41
(1) New paragraphs (7A) and (7B) are added to read as follows: 42
“(7A) “Living organ donor” means an individual who has donated all or part of an 43
organ and is not deceased.”. 44
“(7B) “Organ” means a human eye, kidney, liver, heart, lung, pancreas, 45
esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another 46
part of the human body designated by the Commissioner by rule.”. 47
(b) Section 111 (D.C. Official Code § 31-2231.11) is amended as follows: 48
(1) A new subsection (c-1) is added to read as follows: 49
“(c-1)(1) Notwithstanding any other provision in this chapter, no insurer shall deny 50
coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary 51
any term or condition of a life insurance policy, disability insurance policy, or long-term care 52
insurance policy for a person based solely, and without any actual, unique, and material actuarial 53
risks, on the status of such person as a living organ donor.” 54
“(2) This subsection applies to life insurance policies, disability insurance 55
policies, or long-term care insurance policies delivered or issued for delivery after January 1, 56
2025.”. 57
Sec. 3. Fiscal impact statement. 58
The Council adopts the fiscal impact statement in the committee report as the fiscal 59
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 60
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 61
Sec. 4. Effective date. 62
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This act shall take effect following approval by the Mayor (or in the event of veto by the 63
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 64
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 65
24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(1)), and publication in the District of Columbia 66
Register. 67