[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4616 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4616
To promote and protect from discrimination living organ donors.
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IN THE HOUSE OF REPRESENTATIVES
February 25, 2016
Mr. Nadler (for himself and Mr. Burgess) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Oversight and Government Reform, House
Administration, Education and the Workforce, and Financial Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
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A BILL
To promote and protect from discrimination living organ donors.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Donor Protection Act of
2016''.
SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR INCREASE IN PREMIUMS OF
LIFE OR DISABILITY INSURANCE FOR LIVING ORGAN DONORS.
(a) Prohibition.--Notwithstanding any other provision of law, it
shall be unlawful to--
(1) decline or limit coverage of a person under any life
insurance policy, disability insurance policy, or long-term
care insurance policy, due to the status of such person as a
living organ donor;
(2) preclude a person from donating all or part of an organ
as a condition of receiving a life insurance policy, disability
insurance policy, or long-term care insurance policy;
(3) consider the status of a person as a living organ donor
in determining the premium rate for coverage of such person
under a life insurance policy, disability insurance policy, or
long-term care insurance policy; or
(4) otherwise discriminate in the offering, issuance,
cancellation, amount of such coverage, price, or any other
condition of a life insurance policy, disability insurance
policy, or long-term care insurance policy for a person, based
solely and without any additional actuarial risks upon the
status of such person as a living organ donor.
(b) Enforcement.--A State insurance regulator may take such actions
to enforce subsection (a) as are specifically authorized under the laws
of such State.
(c) Definitions.--In this section:
(1) Disability insurance policy.--The 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) Life insurance policy.--The term ``life insurance
policy'' means a contract under which an entity promises to pay
a designated beneficiary a sum of money upon the death of the
insured.
(3) Living organ donor.--The term ``living organ donor''
means an individual who has donated all or part of an organ and
is not deceased.
(4) Long-term care insurance policy.--The term ``long-term
care insurance policy'' means a contract for which the only
insurance protection provided under the contract is coverage of
qualified long-term care services (as defined in section
7702B(c) of the Internal Revenue Code of 1986).
SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS QUALIFYING AS A
SERIOUS HEALTH CONDITION UNDER FMLA.
Section 101(11) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611(11)) is amended by inserting ``(including recovery from
surgery related to organ donation)'' after ``physical or mental
condition''.
SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE BENEFITS OF LIVE ORGAN
DONATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall review and update
materials related to live organ donation in order to educate the public
on--
(1) the benefits of live organ donation; and
(2) the impact of live organ donation on the access of a
living organ donor to insurance.
Such updating shall include information on the changes made by sections
2 and 3 of this Act.
(b) Methods of Updating.--In carrying out subsection (a), the
Secretary shall update, as appropriate--
(1) Public Service Announcements previously provided by the
Secretary;
(2) publicly accessible Web sites (such as organdonor.gov,
or a successor Web site) that are maintained by the Secretary
and that contain information and resources regarding live organ
donation; and
(3) other media determined appropriate by the Secretary.
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