[CongressionalMarch Bills12, 119th2024 Congress]Nyasha [FromSmith, Secretary Council of the U.S.District of Columbia Pennsylvania Avenue, N.W.

GovernmentWashington, PublishingDC Office]20004 [H.R.Dear Secretary Smith, Today, I am introducing the Living Donor Protection Amendment Act of 2024, along with Councilmembers Janeese Lewis George, Christina Henderson, Charles Allen, Brianne K.

4583Nadeau, Introducedand inMatthew HouseFrumin. (IH)] <DOC> 119th CONGRESS 1st Session H.

R.This legislation would ensure that living organ donors are protected from unfair insurance discrimination due to their status as a living organ donor.

4583It Tois promoteestimated andthat protectnearly from200,000 discriminationindividuals nationwide are living organ donors.donors, and 567 of those donors are Washingtonians.

_______________________________________________________________________1 INAccording THEto HOUSEthe OFAmerican REPRESENTATIVESKidney JulyFund, 22,states 2025have Mr.enacted a pa2chwork of living organ donor protections in the absence of a comprehensive federal law.

BaconThe (fortwo himselfmost common state protections for living organ donors are job-protected leave from public employers and Mr.protection from life, disability or long-term care insurance discrimination.

Nadler)The introducedOrgan theand followingBone bill;Marrow Donor Leave Amendment Act of 2002 provides District government employees paid leave to serve as an organ or a bone marrow donor.

whichHowever, wasunlike referred32 toother states, the CommitteeDistrict onhas Energyyet and Commerce, and in addition to theenact Committee on Financial Services, for a periodlaw to beprotect subsequentlyliving determinedorgan bydonors the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To promote and protect from discriminationunfair livinginsurance organdiscrimination. donors.

BeBased itsolely enactedon bya theperson’s Senatestatus andas Housea ofliving Representativesorgan ofdonor, the UnitedLiving StatesDonor Protection Amendment Act of America2024 inwould Congressprohibit assembled,life, SECTIONdisability, 1.and long-term care insurance companies from:

SHORT• TITLE.Denying, canceling, or refusing to issue coverage;

This• ActDetermining may be cited as the ``Livingprice Donoror Protectionpremium Actfor ofcoverage; 2025''.

SEC.or 1Organ 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.

2American Kidney Fund, State of the States:

2024 AKF Living Donor Protection Report Card, February 22, 2024.

3D.C.

Code § 1–612.03b.

• 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.

Pleasecontact myLegislativeDirector, DoniCrawford,at dcrawford@dccouncil.govifyouhave any questions.

Sincerely, Kenyan R.

McDuffie 1 _______________________________ ______________________________ Councilmember Janeese Lewis George Councilmember Kenyan R.

McDuffie 4 ___________________________ ______________________________ Councilmember Charles Allen Councilmember Christina Henderson 8 ___________________________ ______________________________ Councilmember Matthew Frumin Councilmember Brianne K.

Nadeau A BILL ___________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ______________________ To amend the Insurance Trade Economic Development Amendment Act of 2000 to create definitions for the terms living organ donor and organ, and to protect living organ donors from unfair discrimination.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Living Donor Protection Amendment Act of 2024”.

Sec.

PROHIBITIONThe ONInsurance DENIALTrade OFand COVERAGEEconomic ORDevelopment INCREASEAmendment INAct PREMIUMSof OF2000, LIFEeffective ORApril DISABILITY3, INSURANCE2001 FOR(D.C. LIVING ORGAN DONORS.

(a)Law Prohibition.--Notwithstanding13-265; any other provision of law, an insurer shall not deny coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely, and without any actual, unique, and material actuarial risks, on the status of such person as a living organ donor.

(b)D.C. Enforcement.--A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State.

(c)Official Definitions.--InCode this§ section:31-2231.01 et seq.), is amended as follows:

(1)(a) DisabilitySection insurance101 policy.--The(D.C. term ``disability insurance policy'' means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability prevents such person from working.

(2)Official LifeCode insurance§ policy.--The31-2231.01) termis ``lifeamended insuranceas policy''follows: means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.

(3)(1) LivingNew organparagraphs donor.--The(7A) termand ``living(7B) organare donor''added meansto anread individualas whofollows: has donated all or part of an organ and is not deceased.

(4)“(7A) Long-term“Living careorgan insurancedonor” policy.--The term ``long-term care insurance policy'' means aan contractindividual forwho whichhas thedonated onlyall insuranceor protectionpart providedof underan theorgan contractand is coveragenot ofdeceased.”. qualified long-term care services (as defined in section 7702B(c) of the Internal Revenue Code of 1986).

SEC.“(7B) “Organ” means a human eye, kidney, liver, heart, lung, pancreas, esophagus, stomach, or small or large intestine, a portion of the gastrointestinal tract, or another part of the human body designated by the Commissioner by rule.”.

(b) Section 111 (D.C.

Official Code § 31-2231.11) is amended as follows:

(1) A new subsection (c-1) is added to read as follows:

“(c-1)(1) Notwithstanding any other provision in this chapter, no insurer shall deny coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely, and without any actual, unique, and material actuarial risks, on the status of such person as a living organ donor.” “(2) This subsection applies to life insurance policies, disability insurance policies, or long-term care insurance policies delivered or issued for delivery after January 1, 2025.”.