Living Donor Protection Act of 2023
If enacted, this law is expected to have a positive impact on state laws regarding insurance practices and the rights of living organ donors. It delineates specific actions that state insurance regulators may take to enforce these prohibitions, signaling a collaborative effort between state entities and the federal government to secure protections for organ donors. Furthermore, the bill mandates that the Secretary of Health and Human Services update educational materials about living organ donation, which will further inform the public about the risks and benefits associated with such acts of altruism.
House Bill 2923, also known as the Living Donor Protection Act of 2023, is aimed at promoting and protecting living organ donors from discrimination, particularly in the realm of insurance coverage. The bill establishes strict prohibitions against insurance companies denying coverage or increasing premiums for individuals solely based on their status as living organ donors. This legislation is significant as it seeks to ensure that organ donors are not discouraged from donating due to fears about insurance consequences, thereby supporting organ donation efforts on a broader scale.
While the bill presents a robust framework for protecting living organ donors, there could be some contention surrounding its implementation. Discussions may arise regarding how effectively the insurance industry will adapt to these new regulations, especially in terms of recalibrating their assessment of risk related to living organ donation. Critics could argue that the legislation may introduce complications in the risk assessment models used by insurers. Additionally, there may be debates on how the amendments to the Family and Medical Leave Act (FMLA) clarify leave provisions for employees recovering from organ donation surgery, with some questioning whether additional protections are necessary or if existing ones are sufficient.