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District Of Columbia Council Bill B26-0022

District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0022 Compare Versions

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1- ENGROSSED ORIGINAL
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5+January 6, 2025
6+
7+Nyasha Smith, Secretary
8+Council of the District of Columbia
9+1350 Pennsylvania Avenue, N.W.
10+Washington, DC 20004
11+
12+Dear Secretary Smith,
13+
14+Today, I am introducing the Living Donor Protection Amendment Act of 2025, along with
15+Councilmembers Janeese Lewis George, Christina Henderson, Charles Allen, Brianne K.
16+Nadeau, Matthew Frumin, Robert C. White, Jr., Anita Bonds, and Brooke Pinto. This legislation
17+would ensure that living organ donors are protected from unfair insurance discrimination due to
18+their status as a living organ donor. It is estimated that nearly 200,000 individuals nationwide are
19+living organ donors, and 567 of those donors are Washingtonians.
520 1
621
7-A BILL 1
22+
23+According to the American Kidney Fund, states have enacted a patchwork of living organ donor
24+protections in the absence of a comprehensive federal law.
825 2
26+ The two most common state
27+protections for living organ donors are job-protected leave from public employers and protection
28+from life, disability or long-term care insurance discrimination. The Organ and Bone Marrow
29+Donor Leave Amendment Act of 2002 provides District government employees paid leave to
30+serve as an organ or a bone marrow donor.
931 3
10-26-22
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12- 5
13- 6
14-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
15- 8
16-___________ 9
17- 10
18- 11
19-To amend the Insurance Trade and Economic Development Amendment Act of 2000 to prohibit 12
20-insurers from taking certain actions based solely on an individual’s status as a living 13
21-donor. 14
22- 15 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
23-act may be cited as the “Living Donor Protection Amendment Act of 2025”. 17
24-Sec. 2. The Insurance Trade and Economic Development Amendment Act of 2000, 18
25-effective April 3, 2001 (D.C. Law 13 -265; D.C. Official Code § 31-2231.01 et seq. ), is amended 19
26-as follows: 20
27-(a) Section 101 (D.C. Official Code § 31-2231.01) is amended as follows: 21
28- (1) New paragraphs (7A) and (7B) are added to read as follows: 22
29- “(7A) “Living donor” means an individual who has donated all or part of an organ 23
30-or tissue, and is not deceased . 24
31- “(7B) “Organ” means a human eye, kidney, liver, heart, lung, pancreas, 25
32-esophagus, stomach, small or large intestine, a portion of the gastrointestinal tract, or another 26
33-part of the human body designated by the Commissioner by rule.”. 27 ENGROSSED ORIGINAL
32+ However, unlike 32 other states, the District has yet
33+to enact a law to protect living organ donors from unfair insurance discrimination.
34+Based solely on a person’s status as a living organ donor, the Living Donor Protection
35+Amendment Act of 2025 would prohibit life, disability, and long-term care insurance companies
36+from:
37+• Denying, canceling, or refusing to issue coverage;
38+• Determining the price or premium for coverage; or
39+
40+1
41+ Organ Procurement and Transplant Network (OPTN), National and State data, data current as of March 6, 2024.
42+OPTN data on organ donation dates from 1988, the first full year of OPTN data collection.
43+2
44+ American Kidney Fund, State of the States: 2024 AKF Living Donor Protection Report Card, February 22, 2024.
45+3
46+ D.C. Code § 1–612.03b. 2
47+
48+• Otherwise varying any term or condition of an insurance policy.
49+This bill was developed in consultation with the American Kidney Fund, the American Council
50+of Life Insurers, and the Department of Insurance, Securities, and Banking.
51+Please contact my Committee Director, Doni Crawford, at dcrawford@dccouncil.gov if you have
52+any questions.
53+
54+Sincerely,
3455
3556
3657
58+Kenyan R. McDuffie
59+
60+1
61+
62+______________________________ ______________________________ 1
63+Councilmember Janeese Lewis George Councilmember Kenyan R. McDuffie 2
64+ 3
65+ 4
66+______________________________ ______________________________ 5
67+Councilmember Charles Allen Councilmember Christina Henderson 6
68+ 7
69+ 8
70+__________________________ ______________________________ 9
71+Councilmember Matthew Frumin Councilmember Brianne K. Nadeau 10
72+ 11
73+ 12
74+___________________________ ______________________________ 13
75+Councilmember Anita Bonds Councilmember Robert C. White, Jr. 14
76+ 15
77+ 16
78+ ______________________________ 17
79+ Councilmember Brooke Pinto 18
80+ 19
81+ 20
82+ 21
83+ 22
84+A BILL 23
85+ 24
86+___________ 25
87+ 26
88+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 27
89+ 28
90+______________________ 29
91+ 30
92+ 31
93+To amend the Insurance Trade Economic Development Amendment Act of 2000 to create 32
94+definitions for the terms living organ donor and organ, and to protect living organ donors 33
95+from unfair discrimination. 34
96+ 35
97+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
98+act may be cited as the “Living Donor Protection Amendment Act of 2025”. 37
99+Sec. 2. The Insurance Trade and Economic Development Amendment Act of 2000, 38
100+effective April 3, 2001 (D.C. Law 13-265; D.C. Official Code § 31-2231.01 et seq.), is amended 39
101+as follows: 40
37102 2
38103
39- (2) A new paragraph (8A) is added to read as follows: 28
40- “(8A) “Tissue” means a portion of the human body other than an organ, including 29
41-skin, bone, bone marrow, a heart valve, a spermatozoon, an ova, an artery, a vein, a tendon, a 30
42-ligament, blood, blood derivatives, a pituitary gland, fluid , or another portion of the human body 31
43-designated by the Commissioner by rule.”. 32
44-(b) Section 111 (D.C. Official Code § 31-2231.11) is amended as follows: 33
45- (1) A new subsection (c -1) is added to read as follows: 34
46-“(c-1)(1) Notwithstanding any other provision in this act , no insurer shall deny coverage, 35
47-cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term 36
48-or condition of a life insurance policy, disability insurance policy, or long-term care insurance 37
49-policy for a n individual based solely on, and without any actual, unique, and material actuarial 38
50-risks related to, the status of the individual as a living donor. 39
51- “(2) Paragraph (1) of this subsection shall apply to life insurance policies, 40
52-disability insurance policies, and long-term care insurance policies delivered or issued for 41
53-delivery after January 1, 2026.”. 42
54- Sec. 3. Fiscal impact statement. 43
55-The Council adopts the fiscal impact statement in the committee report as the fiscal 44
56-impact statement required by section 4a of the General Legislative Procedures Act of 1975, 45
57-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 46
58-Sec. 4. Effective date. 47 ENGROSSED ORIGINAL
59-
60-
61-
104+(a) Section 101 (D.C. Official Code § 31-2231.01) is amended as follows: 41
105+ (1) New paragraphs (7A) and (7B) are added to read as follows: 42
106+ “(7A) “Living organ donor” means an individual who has donated all or part of an 43
107+organ and is not deceased.”. 44
108+ “(7B) “Organ” means a human eye, kidney, liver, heart, lung, pancreas, 45
109+esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another 46
110+part of the human body designated by the Commissioner by rule.”. 47
111+(b) Section 111 (D.C. Official Code § 31-2231.11) is amended as follows: 48
112+ (1) A new subsection (c-1) is added to read as follows: 49
113+“(c-1)(1) Notwithstanding any other provision in this chapter, no insurer shall deny 50
114+coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary 51
115+any term or condition of a life insurance policy, disability insurance policy, or long-term care 52
116+insurance policy for a person based solely, and without any actual, unique, and material actuarial 53
117+risks, on the status of such person as a living organ donor.” 54
118+ “(2) This subsection applies to life insurance policies, disability insurance 55
119+policies, or long-term care insurance policies delivered or issued for delivery after January 1, 56
120+2025.”. 57
121+ Sec. 3. Fiscal impact statement. 58
122+The Council adopts the fiscal impact statement in the committee report as the fiscal 59
123+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 60
124+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 61
125+Sec. 4. Effective date. 62
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63127
64-This act shall take effect following approval by the Mayor (or in the event of veto by the 48
65-Mayor, action by the Council to override the veto) and a 30-day period of Congressional review 49
66-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 50
67-24, 1973 (87 Stat. 813; D.C. Code § 1- 206(c)(1)). 51
128+This act shall take effect following approval by the Mayor (or in the event of veto by the 63
129+Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 64
130+provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 65
131+24, 1973 (87 Stat. 813; D.C. Code § 1-206(c)(1)), and publication in the District of Columbia 66
132+Register. 67