WASHINGTON, DC – US Sens. Kirsten Gillibrand (D-NY) and Tom Cotton (R-AR) as well as US Representatives Jerrold Nadler (D-NY) and Jaime Herrera Beutler (R-WA) are introducing National Kidney Month legislation protecting the rights of living organ donors.
“It is a tragedy that so many people die waiting for life-saving organ donations. We need to do more to remove the barriers that keep Americans from donating, ”said Senator Gillibrand. “The bipartisan Act to Protect Living Donors would help those willing to save a person’s life by donating organs can do so without worrying about insurance or insurance discrimination may lose their jobs if they recover. This protection is vital for those who choose to become living donors, and I will continue to work with my colleagues across the aisle to finally pass these laws. “
The Living Donor Protection Act would protect living donors from high insurance premiums, codify Department of Labor (DOL) guidelines that cover living donors under the Family Medical Leave Act (FMLA) in private and public services, remove barriers to organ donation and provide certainty to donors and recipients.
“The Living Donor Protection Act would encourage more organ donors to take a step forward by protecting them from denial of insurance, higher health insurance premiums and job losses.” Sen. Cotton said. “Not only do living organ donors save lives, these transplants also have better patient outcomes and are less expensive for the Medicare system.”
Organ donation saves thousands of lives each year, but there are still barriers that too often prevent people from becoming living donors. According to a 2014 study in the American Journal of Transplantation, 27% of living organ donors have difficulty obtaining or paying for insurance after their procedure due to discriminatory practices. Others must lose their jobs after taking the time necessary to recover from their donation operation.
“When an organ donor chooses to donate one of his organs to someone else, he is not only saving someone’s life – he is making one of the most selfless and difficult decisions anyone could ever make. The last thing they need in the midst of this challenging process is to face unnecessary roadblocks or insurance discrimination. “ Rep. Nadler said. “These roadblocks can make it economically impossible for potential donors to make that decision, and they simply cost lives. That’s why I’m proud to sponsor the Living Donor Protection Act, which aims to remove these unnecessary barriers to life-saving organ donation. “
“We lose a dozen American lives every day because people are forced to wait too long for kidney transplants. But there is hope here; There are steps Congress can take to give more people this life-saving treatment before it’s too late, ”said Rep. Beutler. “I am proud to help reinstate the Living Donor Protection Act, which protects living organ donors and removes barriers for those waiting in line for a transplant. I will continue to advocate sensible, bipartisan solutions that aim to align life-saving organs with the thousands of Americans who desperately need them. “
The Living Donor Protection Act would protect living organ donors and encourage organ donation in three simple and inexpensive ways:
- Prohibits life, disability and long-term care insurance companies from refusing or limiting coverage and charging higher premiums for living organ donors.
- Amends the Family and Sick Leave Act 1993 to explicitly include living organ donation as a major health condition for private and public employees.
- Instructs the U.S. Department of Health (HHS) to update its living organ donation materials to reflect this new protection and encourage more people to consider organ donation.
The bill is supported by numerous organ transplant groups – including recommendations from the National Kidney Foundation, the American Kidney Fund, the American Council of Life Insurers, the American Society of Transplantation, the American Society of Transplant Surgeons, and the American Society of Nephrology, Greater New York Hospital Association, LiveOnNY, Alport Syndrome Foundation, American Association for the Study of Liver Disease, American Liver Foundation, American Nephrology Nurses Association, American Society of Nephrology, American Society of Pediatric Nephrology, Citizens of Dialysis Patients, IGA – Nephropathy Foundation, Kidney Function Improvement Outcomes Collaborative and LifeGift.
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