American Kidney Fund Applauds South Dakota for Passing Living Donor Protections

ROCKVILLE, Md.(March 10, 2026) - The American Kidney Fund (AKF) commends South Dakota for making living organ donor protections state law with HB 1101, signed on March 9 by Gov. Larry Rhoden. The bill prohibits life, disability and long-term care insurers from denying coverage, raising premiums or canceling policies solely because someone is a living organ donor.  

AKF helped lead efforts to advance this legislation, working with state Rep. Nicole Uhre-Balk and Sen. Sydney Davis (the primary sponsors of HB 1101), testifying about the bill in committees alongside living donors and submitting letters of support for the legislation. By enacting HB 1101, South Dakota becomes the 36th state in the country to pass legislation that safeguards living organ donors with these vital protections. Advancing living donor protections at the state and federal level has been an integral part of AKF's policy agenda for many years.  

"The decision to donate a kidney to someone in need is incredibly selfless, and those who make this choice should have our support," said LaVarne A. Burton, AKF President and CEO. "Unfortunately, too many people who wish to donate are dissuaded from doing so because they face barriers such as insurance discrimination. We thank Rep. Uhre-Balk and Sen. Davis for championing this legislation, which provides living donors with the protections they deserve and will ultimately help save lives."  

AKF's State of the States: Living Donor Protection Report Card grades states on seven categories of publicly reported legislation and regulations they have in place to protect living organ donors and encourage living donations. Without federal legislation to protect living donors, there is an uneven patchwork of protections across the nation, with some states providing no protections at all. By passing HB 1101, South Dakota's grade improves from an F to a D. 

Most transplanted organs come from deceased donors, but patients can also receive organs from living donors. Living donor transplants generally present fewer complications than deceased donor transplants and typically survive longer than deceased donor organs. 

There are more than 100,000 Americans on the organ transplant waiting list and almost 90% are waiting for a kidney. Last year, living donors made about 1 in 4 kidney transplants possible. In South Dakota, there are currently more than 400 people on the kidney transplant waiting list; last year 12 of the 50 kidney transplants performed were from living donors. 

"Living donors save lives, and they shorten the waiting list for everyone else," said Rep. Uhre-Balk. "HB 1101 removes an unnecessary and documented barrier to donation and makes clear that donor status alone, without additional risk, cannot be used to raise [insurance] premiums. [This bill] meets [the extraordinary act of donating an organ] with fairness and common sense." 

AKF provides long-term financial assistance that makes transplants and post-transplant care possible for low-income dialysis patients. In 2025, AKF grants helped 1,673 people nationwide receive kidney transplants — roughly 6% of all kidney transplants performed in the United States last year.  AKF's program helps post-transplant patients for their full insurance plan year, ensuring continuity of care.