American Kidney Fund Applauds Reintroduction of Federal Living Donor Protection Act of 2025

ROCKVILLE, MD (April 30, 2025) — The American Kidney Fund (AKF) commends the U.S. Senate's reintroduction of the federal Living Donor Protection Act of 2025, which would safeguard access to crucial job protections for living organ donors and prohibit insurance companies from declining or limiting specific insurance coverage to someone solely because they are a living organ donor.   

The Living Donor Protection Act was introduced by Sen. Kirsten Gillibrand (D-NY) and Sen. Tom Cotton (R-AR) and is expected to be introduced in the U.S. House soon. 

The bipartisan bill, a legislative priority for AKF, has been introduced in the past six Congresses. The Living Donor Protection Act would ensure that insurers cannot deny or cancel coverage, refuse to issue coverage, alter the price of coverage or otherwise modify any aspect of a life, disability, or long-term care insurance policy for a person because they donated an organ. 

AKF's fifth annual State of the States: Living Donor Protection Report Card, which was released in March, revealed mixed progress in securing protections for living organ donors at the state level. While three states — New Hampshire, Mississippi and Michigan — added living donor protections in 2024, 13 states still have little to no protections in place, illustrating the need for Congress to pass federal legislation that guarantees living donors are protected from discrimination regardless of the state they live in. Passage of the Living Donor Protection Act would provide baseline protections nationwide, ensuring that living organ donors have Family Medical Leave Act (FMLA) and anti-discrimination protections. Additionally, it would mean that the lowest grade that any state would receive on AKF's Living Donor Protection Report Card would be a C.   

"Anyone who is healthy and willing to donate a kidney should be able to do so," said LaVarne A. Burton, AKF President and CEO. "Unfortunately, in some states, living donors face barriers that can dissuade them from giving the gift of life. The Living Donor Protection Act would right this wrong by enacting critical protections and providing living donors across the country with the support they deserve, which will ultimately save lives. We are grateful to the members of Congress who introduced and have championed this bipartisan legislation and thank them for their commitment to improving the lives of people with kidney disease."  

Living kidney donors are in high demand. Of the nearly 105,000 people who are on the organ transplant waiting list, approximately 89% of them are waiting for a kidney. On average, 12 Americans die every day waiting for a kidney transplant. While there were over 28,000 kidney transplants performed in 2024 in the United States, just over 6,000 of those transplants — approximately 23% — were made possible through living donors. Receiving a kidney from a living donor is considered the best treatment option for someone in kidney failure, as living donor transplants generally present fewer complications and typically function longer than deceased donor organs.  

In addition to prohibiting denial of coverage or increase in premiums of life or disability insurance for living organ donors, the Living Donor Protection Act of 2025 would ensure that living organ donors have FMLA protections so they may take time off work to donate a kidney and recover from the surgery without fear of losing their job. The U.S. Department of Labor (DOL) issued an opinion letter in 2018 which stated that organ donation is protected under FMLA. The Living Donor Protection Act would codify the DOL opinion, protecting under federal statute those living donors whose employers are covered under FMLA.