State of the States: Kidney Policy in Action
Every state tells a different story. Click on your state to see what protections are in place for people with kidney disease and living donors—and where we still need your voice to push for change.
- Active Kidney Legislation
- In Session
- Out of Session
Laws in Alabama
Public Leave
PassedAL §41‑706 (2017)
Alabama's administrative code includes a provision allowing state employees who have worked for at least a year to take paid organ donation leave. The employee may take up to 30 days for organ donation and up to seven for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Alabama
Laws in Alaska
Public Leave
PassedAK House Bill 252 (2008)
This bill established paid leave for organ and bone marrow donation for state employees who are employed or scheduled for an average of 30 hours per week. Employees are allowed to take up to 80 hours of paid administrative leave.
Medicare Supplement (Medigap)
PassedAK Admin. Code tit. 3, § 28.457
Alaska does not require insurers to offer Medicare Supplement (Medigap) coverage to individuals under age 65. Although a limited number of plans are available, premiums are often significantly higher than those for individuals over 65, making coverage largely unaffordable. The Alaska Comprehensive Health Insurance Association (ACHIA), the state’s high-risk pool, offers supplemental coverage to those unable to access private Medigap plans, but this option also comes with high premiums and limited affordability. The state has no consumer protection measures in place to ensure access or affordability for this population.
Text KIDNEY to 52886 to support kidney legislation in Alaska
Laws in Arizona
Medicare Supplement (Medigap)
PassedAZ Senate Bill 1287 (2020)
Arizona law requires insurers offering Medicare Supplement (Medigap) plans to provide guaranteed availability of coverage to all eligible individuals, including those under 65 who qualify for Medicare due to disability. Insurers may not deny coverage, exclude preexisting conditions, or charge additional premiums due to such conditions. However, Arizona law does not require insurers to offer Medigap plans specifically to individuals with End-Stage Renal Disease (ESRD), and premium affordability is not guaranteed. Although access is protected, the actual availability and cost of plans may still pose a barrier for ESRD patients under 65.
Living Donor Protection Act
PassedAZ Senate Bill 1100 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedAZ House Bill 2144 (2022)
This law requires health insurance plans and Arizona’s Medicaid program (AHCCCS) to cover biomarker testing.
Public Leave
PassedAZ Senate Bill 1253 (2008)
This bill permits state employees to 30 work days of paid organ donations leave, and five days for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Arizona
Laws in Arkansas
Public Leave
PassedAR Senate Bill 167 (2003)
This bill provides state employees with up to 30 days of paid leave for organ donation and seven days for bone marrow donation.
Medicare Supplement (Medigap)
PassedAR Senate Bill 642 (2017)
Arkansas requires insurers to offer at least one Medicare Supplement (Medigap) plan to individuals under age 65 who qualify for Medicare due to disability or end-stage renal disease (ESRD). However, insurers may charge these individuals significantly higher premiums than those charged to enrollees age 65 and older.
Living Donor Protection Act
PassedAR Senate Bill 309 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Employer Tax Credit
PassedAR House Bill 2779 (2005)
An act to require private employers to provide an unpaid leave of absence for employees during testing for, donation of, and recovery from organ donation; to provide an income tax credit for employers electing to pay the wages of the employee on organ donation leave; and for other purposes.
Biomarkers/Genetic Testing
PassedAR House Bill 1121 (2023)
This law requires private health insurance plans to cover biomarker testing for early detection.
Private Leave
PassedAR House Bill 2779 (2005)
The legislation provides unpaid leave to an organ donor for up to 90 days.
Living Donor Tax Credit
PassedAR House Bill 1393 (2005)
This legislation created an income tax deduction for organ donors of up to $10,000. A donor can claim the deduction for a range of expenses associated with donation, including travel, lodging, lost wages, and medical expenses.
Text KIDNEY to 52886 to support kidney legislation in Arkansas
Laws in California
Public Leave
PassedCA Senate Bill 1304 (2010)
This bill permits employees to take an additional, unpaid period of leave for organ donation following their use of their paid organ donation allotment of 30 days.
Living Donor Protection Act
PassedCA Assembly (House) Bill 1223 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedCA Senate Bill 4996 (2023)
This law requires health insurance plans in California to cover medically necessary biomarker testing, including whole genome sequencing, to help diagnose, treat, and monitor diseases.
Private Leave
PassedCA Senate Bill 1304 (2010)
This legislation created paid organ and bone marrow donation leave for employers with more than 15 employees. An employee may take a paid leave of absence of up to 30 days for organ donation and up to five days for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in California
Laws in Colorado
Employer Tax Credit
PassedCO House Bill 18-1202 (2018)
This legislation created an income tax credit for employers who offer paid leave for organ donation. The credit is 35% of the employer's costs of paid leave and/or wages for replacement staff. The tax credit is not extended to employees who make $80,000 or more annually.
Living Donor Protection Act
PassedCO House Bill 19-1253 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedCO 3 CCR 702-4 Series 4-3, Sec. 10
Colorado requires insurers to offer Medicare Supplement (Medigap) policies to individuals under age 65 during their six-month open enrollment period after enrolling in Medicare Part B. While insurers cannot deny coverage based on a person’s health or disability, they are allowed to charge higher monthly premiums for people under 65. By law, these premiums cannot be higher than the most expensive plan available for that coverage type. If the plan is new to the market, the premium for someone under 65 can be no more than 1.5 times the rate charged to someone age 65.
Public Leave
PassedCO House Bill 98-1312 (1998)
This legislation provides two days per year of paid leave for state employees to donate organs, tissue, or bone marrow.
Biomarkers/Genetic Testing
PassedCO Senate Bill 24-124 (2024)
The act requires all large group health benefit plans to provide coverage for biomarker testing to guide treatment decisions if the testing is supported by medical and scientific evidence.
Text KIDNEY to 52886 to support kidney legislation in Colorado
Laws in Connecticut
Public Leave
PassedCT Senate Bill 1502 (2017)
This Legislation authorizes state employees to take up to 15 days of paid leave for organ donation and seven days of paid leave for bone marrow donation.
Biomarkers/Genetic Testing
PassedCT Senate Bill 307 (2024)
This law requires Medicaid in Connecticut to cover biomarker testing to help diagnose, treat, manage, or monitor a patient's disease. Private Plans are also required to cover biomarker testing (CT Senate Bill 307).
Living Donor Protection Act
PassedCT House Bill 6387 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Living Donor Tax Credit
PassedCT Senate Bill 1502 (2017)
This legislation permits taxpayers to claim up to $10,000 in lost wages, medical costs, and travel and housing expenses in the year associated with their living donation.
Private Leave
PassedCT Senate Bill 327 (2004)
This legislation established unpaid, job-protected leave for public and private employees in the state.
Medicare Supplement (Medigap)
PassedCT Gen. Stat. § 38A-495c
Connecticut requires insurers to offer Medicare Supplement (Medigap) Plans A, B, C, or D to individuals eligible for Medicare due to disability, ensuring that coverage cannot be denied based on age, gender, medical history, or health status. Premiums must be community rated, meaning they cannot vary based on health or demographic factors, and preexisting condition exclusions are limited to six months. Connecticut prohibits all group and individual health insurance plans from imposing preexisting condition exclusions and bars insurers from refusing to issue individual coverage solely due to a preexisting condition.
Text KIDNEY to 52886 to support kidney legislation in Connecticut
Laws in Delaware
Living Donor Tax Credit
PassedDE Senate Bill 301 (2022)
This legislation created an income tax deduction for organ donors of up to $10,000. A donor can claim the deduction for travel, lodging, lost wages, and medical expenses for themselves or their dependents. The bill also updated statute to create a tax credit for employers that offer paid organ donation leave. Employers can claim 25% of their employee's wages during the leave period.
Living Donor Protection Act
PassedDE Senate Bill 218 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedDE Senate Bill 42 (2013)
Delaware requires insurance companies to offer Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability or end-stage renal disease (ESRD). These individuals must apply within six months of enrolling in Medicare Part B. Insurers cannot deny coverage or base pricing on an applicant’s medical history or health status, and individual underwriting is prohibited. However, insurers are permitted to charge different premium rates for those under 65 and must maintain two separate rating pools: one for individuals with ESRD and one for individuals with other disabilities. Premium differences must be based on sound actuarial principles and reasonably reflect the cost of coverage. Despite these protections, Medigap premiums for ESRD patients under age 65 are typically much higher than those for other enrollees.
Public Leave
PassedDE House Bill 106 (2001)
This statute permits state employees to 30 work days of paid organ donations leave, and seven days for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Delaware
Laws in Florida
Biomarkers/Genetic Testing
PassedFL House Bill 885 (2023)
This law requires Florida Medicaid and state employee health plans to cover biomarker testing to help diagnose, treat, and monitor diseases when supported by medical evidence.
Living Donor Protection Act
PassedFL House Bill 1099 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedFL House Bill 675 (2009)
Florida requires insurance companies to offer Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability or end-stage renal disease. These individuals must apply within six months of enrolling in Medicare Part B. While coverage cannot be denied based on health status, insurers are allowed to charge different premiums depending on the specific condition. Although all plans must be offered, they are generally not affordable for ESRD patients under age 65. Most individuals in this group must wait until they reach age 65 to obtain significantly lower premium rates.
PassedFL Admin Code Ann. § 690-156.0085
Florida requires insurance companies to offer Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability or end-stage renal disease. These individuals must apply within six months of enrolling in Medicare Part B. While coverage cannot be denied based on health status, insurers are allowed to charge different premiums depending on the specific condition. Although all plans must be offered, they are generally not affordable for ESRD patients under age 65. Most individuals in this group must wait until they reach age 65 to obtain significantly lower premium rates.
Text KIDNEY to 52886 to support kidney legislation in Florida
Laws in Georgia
Living Donor Tax Credit
PassedGA House Bill 275 (2022)
This legislation authorizes a taxpayer to claim up to $25,000 in unreimbursed costs associated with living organ donation.
Living Donor Protection Act
PassedGA House Bill 275 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedGA Senate Bill 316 (2010)
Georgia requires insurers to offer some Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability or end-stage renal disease. While these individuals receive the same enrollment protections as those age 65 and older, premiums are substantially higher. State statute allows insurers to charge higher premiums for those under 65 and outlines premium variation standards. In practice, most plans charge ESRD patients under age 65 between three and ten times more than what is charged to enrollees age 65 and older.
Public Leave
PassedGA House Bill 1049 (2002)
This bill established paid organ and bone marrow donation leave for public employees. Employees may take 30 days for organ donation and seven for bone marrow donation.
Biomarkers/Genetic Testing
PassedGA House Bill 85 (2023)
This law requires health insurance plans and Medicaid in Georgia to cover biomarker testing when supported by medical and scientific evidence.
Text KIDNEY to 52886 to support kidney legislation in Georgia
Laws in Hawaii
Medicare Supplement (Medigap)
PassedHI Code § 16-12-6.2
Hawaii requires insurers to offer all Medicare Supplement (Medigap) plans during a six-month open enrollment period following an individual’s enrollment in Medicare Part B, regardless of age or health status. Premiums for beneficiaries under age 65 must be the same as those charged to individuals age 65 and older. Hawaii also provides guaranteed issue protections for individuals who lose other Medicare coverage, such as Medicare Advantage or group health plans, allowing them to enroll in a Medigap plan without facing denial or increased rates based on health status, provided they apply within 63 days of losing coverage.
Private Leave
PassedHI Senate Bill 1233 (2014)
This bill established an unpaid leave of absence period for employees for organ, bone marrow, or peripheral blood stem cell donation. Employers, including private employers with fifty or more employees must offer seven days to serve as a bone marrow or peripheral blood stem cell donor and 30 days to serve as an organ donor.
Public Leave
PassedHI House Bill 1318 (2005)
This bill created paid organ and bone marrow donation leave, providing seven days of paid leave for bone marrow donation and up to 30 days for organ donation.
Text KIDNEY to 52886 to support kidney legislation in Hawaii
Laws in Idaho
Living Donor Tax Credit
PassedID House Bill 745 (2006)
This statute established a tax credit for costs associated with living organ donation of up to $5,000. A taxpayer may claim the tax credit for expenses associated with their living organ donation.
Living Donor Protection Act
PassedID Senate Bill 1302 (2018)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedID Admin. Code § 18.04.10.036
Idaho requires insurers to offer Medicare Supplement (Medigap) plans to individuals under 65 who qualify for Medicare due to disability or end-stage renal disease. Premiums for these individuals cannot exceed 150% of what a 65-year-old would pay, and once they turn 65, they must be offered the same rates as age-eligible enrollees.
Public Leave
PassedID Senate Bill 1373 (2006)
This bill established paid leave for organ and bone marrow donation for public employees. Full-time employees may take 30 days for organ donation and five days for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Idaho
Laws in Illinois
Private Leave
PassedIL House Bill 1616 (2024)
This legislation provide up to 10 days of leave for full and part time private sector employees to be donors. Additional legislation (IL House Bill 2847, 2019) provides unpaid leave to an organ donor for up to 30 days.
PassedIL House Bill 2847 (2019)
In addition to insurance protections, this legislation prohibits workplace retaliation against employees who request a leave of absence for organ, bone marrow, and blood donation.
Public Leave
PassedIL House Bill 5807 (2002)
This bill established paid leave for organ and bone marrow donation for public employees. Employees may take 30 days for organ donation and seven days for bone marrow donation after six months of state employment.
Medicare Supplement (Medigap)
PassedIL Senate Bill 873 (2007)
Illinois requires insurers to offer all Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability. Insurers must make the same plan options available to individuals under 65 as they do to those 65 and older. While premiums for under-65 enrollees are capped at the highest rate insurers charge individuals age 65 and older, many plans remain unaffordable.
Living Donor Protection Act
PassedIL House Bill 2847 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Living Donor Tax Credit
PassedIL Senate Bill 157 (2022)
This legislation was a large tax code update, and included the creation of an employer tax credit for organ donation leave. If an employer provides at least 30 days of organ or bone marrow donation leave, they may claim a withholding credit for wages paid to the employee on leave. The credit maximum is $1,000 per employee.
Biomarkers/Genetic Testing
PassedIL House Bill 1779 (2021)
This law requires health insurance plans to cover biomarker testing, such as genetic or protein analysis, to help diagnose, treat, and monitor diseases when supported by medical evidence. The testing must be done efficiently to avoid delays in care, and patients have the right to request exceptions if coverage is restricted.
FMLA Paid Leave
PassedIL House Bill 3516 (2023)
This legislation updated the state's paid leave for organ and blood donation. An employee may use up to 10 days per year to serve as an organ donor and an hour per 56 days for blood donation. The statute applies to public employees and private employers with 51 or more employees.
Text KIDNEY to 52886 to support kidney legislation in Illinois
Laws in Indiana
Public Leave
PassedIN House Bill 1030 (2002)
This bill established paid leave for organ and bone marrow donation for public employees. Full-time employees may take 30 days for organ donation and five days for bone marrow donation.
Biomarkers/Genetic Testing
PassedIN Senate Bill 273 (2024)
This law requires health plans, including Medicaid and state employee plans, to cover biomarker testing to help diagnose, treat, and monitor diseases when supported by medical evidence.
PassedIN Senat Bill 273 (2024)
This law requires health plans, including Medicaid and state employee plans, to cover biomarker testing to help diagnose, treat, and monitor diseases when supported by medical evidence. If prior authorization is needed, decisions must be made within 5 business days for nonurgent cases and 48 hours for urgent ones.
Medicare Supplement (Medigap)
PassedIN Senate Bill 215 (2024)
Indiana requires insurers to offer Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability. Premiums for Plans A, B, and D must match those charged to individuals age 65 and older. For all other standardized Medigap plans, premiums for individuals under 65 are capped at no more than 200% of the corresponding rate for those age 65. Insurers may not impose waiting periods or exclusions for preexisting conditions after six months. Additionally, agent commissions are capped at 2% of the premium.
Text KIDNEY to 52886 to support kidney legislation in Indiana
Laws in Iowa
Medicare Supplement (Medigap)
PassedIA § 191 IAC 37.21
Iowa does not require insurers to offer Medicare Supplement (Medigap) plans to individuals under age 65 with End-Stage Renal Disease (ESRD). While some insurers voluntarily provide coverage and the state’s high-risk pool (HIPIOWA) offers an alternative, these options are often unaffordable. Medigap plans from HIPIOWA come with premiums set at 150% of the average market rate and are only available to individuals who meet certain high-risk medical criteria—such as kidney failure requiring dialysis. Guaranteed issue rights exist for specific life events, such as loss of employer coverage or disenrollment from a Medicare Advantage plan, but these protections do not specifically extend to individuals with ESRD under 65.
Living Donor Tax Credit
PassedIA House File 381 (2003)
This legislation updated paid organ and bone marrow donation leave for state employees along with direct reimbursements to donors who need financial assistance. Employees may take up to five days for bone marrow donation and up to 30 days for organ donation. The bill also updated the state's transplantation fund program to provide funds to living donors and transplant patients in certain situations.
Public Leave
PassedIA Senate File 336 (2021)
This legislation updated the state's leave policies for blood, bone marrow, and organ donation. An employee may takepaid leave for up two hours in a work day four times annually to donate blood, five days for bone marrow donation, and up to 30 days for living organ donation.
Text KIDNEY to 52886 to support kidney legislation in Iowa
Laws in Kansas
Living Donor Tax Credit
PassedKS Senate Bill 265 (2014)
This legislation included multiple tax code updates, in addition to the creation of a tax credit of up to $5,000 for organ donation costs.
Living Donor Protection Act
PassedKS House Bill 2209 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedKS Stat. Ann. § 40-2221
Kansas requires insurers offering Medicare Supplement (Medigap) policies to provide coverage to individuals under age 65 who become eligible for Medicare due to disability. Applicants must apply within six months of enrolling in Medicare Part B. Insurers cannot deny or condition coverage based on health status, claims history, or medical condition during this period. Additionally, insurers must offer individuals with disabilities the same Medigap policy options available to those eligible by age and cannot charge higher premiums than those charged to individuals age 65 for the same plans.
Public Leave
PassedKS Executive Order NO. 2001-02 (2001)
In 2001, Kansas Governor Bill Graves issued this executive order to create paid organ, tissue, bone marrow, and blook donation leave for state employees. Employees can take up to 30 days for organ or tissue donation, seven days for bone marrow, 1.5 hours quarterly for blood donation, and 3 hours quarterly to donate other blood products, like platelets.
Text KIDNEY to 52886 to support kidney legislation in Kansas
Laws in Kentucky
Medicare Supplement (Medigap)
PassedKY House Bill 345 (2023)
Kentucky requires insurers to offer all Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability. Insurers may not deny coverage or impose waiting periods or exclusions for preexisting conditions. Premiums for individuals under 65 must be affordable. Specifically, they cannot exceed the “weighted average aged premium rate,” which reflects the average amount paid by policyholders age 65 and older. This ensures that while under-65 enrollees might pay slightly more, their premiums cannot be significantly higher than those charged to older adults.
Living Donor Protection Act
PassedKY House Bill 75 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedKY House Bill 180 (2023)
This law requires health insurance plans and Medicaid in Kentucky to cover biomarker testing when ordered by a provider and supported by medical evidence.
Public Leave
PassedKY House Bill 46 (2020)
This legislation provided paid leave for organ donation and bone marrow donation for state employees. Employees may take 240 hours of leave for organ donation and 40 hours for bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Kentucky
Laws in Louisiana
Medicare Supplement (Medigap)
PassedLA Senate Bill 294 (2022)
Louisiana requires insurers to offer some Medicare Supplement (Medigap) plans to individuals under age 65. However, there are no limits on how much insurers can charge this group, making premiums often unaffordable. Once an individual turns 65, they qualify for standard Medigap rates. Beneficiaries already enrolled in a Medigap plan are granted a 63-day open enrollment period each year starting on their birthday to switch to another plan with equal or lesser benefits from the same insurer. Individuals losing employer coverage also have a 63-day window to enroll in any Medigap plan without being denied or charged more due to health status.
Living Donor Protection Act
PassedLA House Bill 307 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedLA Senate Bill 104 (2023)
This law requires most private health insurance plans to cover biomarker testing, such as genetic or protein analysis, to help diagnose, treat, and monitor diseases when supported by medical evidence.
Living Donor Tax Credit
PassedLA Senate Bill 26 (2005)
This legislation authorized an income tax credit of up to $10,000 for organ donation expenses for a donor or their spouse.
Text KIDNEY to 52886 to support kidney legislation in Louisiana
Laws in Maine
Public Leave
PassedME Title 26 § 850-A et. seq. (2025)
Maine's Paid Family and Medical Leave (ME PFML) program allows employees to take up to 12 weeks of leave per benefit year for organ donation. The maximum weekly benefit is equal to the state's average weekly wage.
Medicare Supplement (Medigap)
PassedME § 5010-A CH 67
Maine requires insurers to offer all Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare due to disability. These individuals must be offered the same coverage options and open enrollment protections as those 65 and older. Insurers must also offer at least Plan A during guaranteed issue periods and cannot vary premiums based on age, helping ensure coverage is both available and affordable.
FMLA Paid Leave
PassedME Title 26 § 850-A et. seq. (2025)
Maine's Paid Family and Medical Leave (ME PFML) program allows employees to take up to 12 weeks of leave per benefit year for organ donation. The maximum weekly benefit is equal to the state's average weekly wage.
Living Donor Protection Act
PassedME House LD 12 (2017)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
PassedME House Paper 13 (2017)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Private Leave
PassedME Title 26 § 850-A et. seq. (2025)
Maine's Paid Family and Medical Leave (ME PFML) program allows employees to take up to 12 weeks of leave per benefit year for organ donation. The maximum weekly benefit is equal to the state's average weekly wage.
Extended FMLA Paid Leave (60+ Days)
PassedME Title 26 § 850-A et. seq. (2025)
Maine's Paid Family and Medical Leave (ME PFML) program allows employees to take up to 12 weeks of leave per benefit year for organ donation. The maximum weekly benefit is equal to the state's average weekly wage.
Text KIDNEY to 52886 to support kidney legislation in Maine
Laws in Maryland
Public Leave
PassedMD Senat Bill 17 (2000)
This legislation provides paid leave for State employees, including temporary workers, to serve as organ or bone marrow donors. Employees may take up to 30 days for organ donation and 7 days for bone marrow donation within a 12-month period.
Biomarkers/Genetic Testing
PassedMD Senate Bill 805 (2023)
This Maryland law requires Medicaid and most health insurance plans to cover biomarker testing when supported by medical evidence. It also sets rules for costs like copays and deductibles, and requires the state to report on biomarker testing coverage.
Living Donor Protection Act
PassedMD House Bill 1284 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Living Donor Tax Credit
PassedMD Senate Bill 48 (2021)
This legislation authorized an income tax credit of up to $10,000 for organ donation expenses for a donor.
Private Leave
PassedMD House Bill 1284 (2019)
This legislation grants unpaid leave for organ and bone marrow donors, ensuring job protection and health coverage during the donation period. Eligible employees can take up to 60 business days for organ donation and 30 business days for bone marrow donation within a 12-month period. Employers cannot penalize employees for taking leave.
Medicare Supplement (Medigap)
PassedMD Senate Bill 52 (2018)
Maryland requires insurers to offer Medicare Supplement (Medigap) Plans A and D to individuals under 65 who qualify for Medicare due to disability. These individuals must be offered the same protections as those 65 and older, including guaranteed issue rights and a 6-month enrollment window starting with Medicare Part B enrollment or notification of retroactive eligibility. For Plan A, insurers may not charge higher premiums than the average paid by 65+ policyholders in the state.
Text KIDNEY to 52886 to support kidney legislation in Maryland
Laws in Massachusetts
Living Donor Protection Act
IntroducedMA Senate Bill 727 (2025)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Take Action!
Public Leave
PassedMA Gen. Laws Ann. Ch. 149, § 33E (2005)
This legislation grants public employees in participating jurisdictions up to 30 days of paid leave per calendar year to serve as organ donors. The leave is provided without loss of pay, accrued leave, or credit for time or service, ensuring job security and financial stability for donors.
Biomarkers/Genetic Testing
IntroducedMA House Bill 4339 (2025)
This law requires most private health insurance plans to cover biomarker testing, such as genetic or protein analysis, to help diagnose, treat, and monitor diseases when supported by medical evidence.
Take Action!
Living Donor Tax Credit
PassedMA House Bill 4204 (2023)
This legislation authorized an income tax deduction of up to $10,000 for organ donation expenses for a donor.
Text KIDNEY to 52886 to support kidney legislation in Massachusetts
Laws in Michigan
Medicare Supplement (Medigap)
PassedMI House Bill 6431 (2018)
Michigan requires insurers that offer Medicare Supplement (Medigap) plans to provide at least Plans A and D to individuals under 65 who are eligible for Medicare. These individuals may also qualify to enroll in Plan G under specific protections tied to certain events, like losing other coverage. However, insurers are not required to offer Plan G to all under-65 applicants. Premiums for individuals under 65 are not capped and may be significantly higher than those for age-eligible enrollees.
Living Donor Protection Act
PassedMI Senate Bill 384 (2023)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedMI Civil Service Commission Regulation 2.03 – Leaves of Absence
Thie legislation states that eligible employees can take paid leave to donate a kidney, liver segment, or bone marrow. The leave lasts up to 60 days for kidney or liver donations and 30 days for bone marrow donations. Employees must provide advance notice and receive base pay during their leave.
Text KIDNEY to 52886 to support kidney legislation in Michigan
Laws in Minnesota
Living Donor Tax Credit
PassedMN House File 138 (2005)
This legislation authorized an income tax credit of up to $10,000 for organ donation expenses for a donor.
Living Donor Protection Act
PassedMN House File 1829 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedMN § 62A.3099
Minnesota prohibits insurers from denying or restricting access to Medicare Supplement (Medigap) plans, or charging higher premiums, based on an applicant’s health status, medical history, or age. These protections apply to all individuals applying during their initial six-month enrollment in Medicare Part B, regardless of whether they are under or over age 65. Additional six-month enrollment windows are granted when individuals re-enroll in Part B due to regaining disability status, turning 65, or transitioning off employer coverage.
Public Leave
PassedMN Senate File 2840 (2006)
This legislation grants public employees paid leave for up to 40 hours.
Biomarkers/Genetic Testing
PassedMN Senate File 2995 (2023)
This law requires health insurance plans to cover biomarker testing to help diagnose, treat, manage, and monitor diseases when the testing is supported by medical evidence.
Text KIDNEY to 52886 to support kidney legislation in Minnesota
Laws in Mississippi
Living Donor Tax Credit
PassedMS Senate Bill 2981 (2006)
Individuals who donate one or more organs while living may claim a one-time deduction from gross income for any unreimbursed travel, lodging, and lost wages related to the donation. This deduction is capped at $10,000.
Living Donor Protection Act
PassedMS House Bill 1213 (2024)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedMS 19-003 Code R. § 010.11
Mississippi requires insurers to offer all Medicare Supplement (Medigap) plans to individuals under age 65 who qualify for Medicare. During their six-month open enrollment period, insurers cannot deny coverage or vary premiums based on health status. However, they are allowed to charge individuals under 65 up to 50% more than those 65 and older, making coverage largely unaffordable for this population.
Public Leave
PassedMS House Bill 799 (2003)
This bill creates the Organ Donor Leave Act, which provides 30 days of paid leave for state employees to use when donating an organ, bone marrow, blood or blood platelets.
Text KIDNEY to 52886 to support kidney legislation in Mississippi
Laws in Missouri
Medicare Supplement (Medigap)
PassedMO Code Regs. Ann. Tit. 20, § 400-3.650
Missouri requires insurers to offer Medicare Supplement (Medigap) policies to individuals under 65 who are eligible for Medicare due to disability. During their open enrollment period, these individuals must be offered the same plans available to age-eligible enrollees, and insurers may not deny coverage or charge higher rates based on health status. Premiums for under-65 enrollees must be no higher than the average rate charged to those 65 and older.
Living Donor Protection Act
PassedMO Senate Bill 551 (2020)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedMO House Bill 679 (2001)
This legislation provides 30 days of paid leave for state employees to use when donating an organ.
Text KIDNEY to 52886 to support kidney legislation in Missouri
Laws in Montana
Medicare Supplement (Medigap)
PassedMT Admin. § 6.6.507C
Montana requires insurers to offer Medicare Supplement (Medigap) policies to individuals under age 65 who are eligible for Medicare due to disability. However, the state does not mandate that these policies be offered at the same premium rates charged to individuals aged 65 and older. As a result, while plans are available, they may come with significantly higher premiums, making them unaffordable for many individuals. The state also provides a 63-day guaranteed issue period for eligible individuals transitioning from other types of coverage, consistent with federal requirements.
Text KIDNEY to 52886 to support kidney legislation in Montana
Laws in Nebraska
Living Donor Protection Act
PassedNE Legislative Bill 863 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedNE Legilsiative Bill 77 (2025)
The Act requires, starting January 1, 2028, that all relevant insurance policies and Medicaid cover biomarker testing for a range of conditions, including cancer and various chronic diseases, when supported by clinical evidence and guidelines.
Text KIDNEY to 52886 to support kidney legislation in Nebraska
Laws in Nevada
Living Donor Protection Act
PassedNV Senate Bill 132 (2023)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedNV Senate Bill 292 (2025)
Nevada requires insurers to offer Medigap plans to individuals under 65 who qualify for Medicare due to disability or end-stage renal disease. For Plans A, B, and D, these individuals must be charged the same premium as someone age 65. For other plans, premiums cannot exceed twice the rate charged to 65-year-olds. A six-month open enrollment period is required, with no preexisting condition exclusions or health-based denials.
Text KIDNEY to 52886 to support kidney legislation in Nevada
Laws in New Hampshire
Living Donor Protection Act
PassedNH House Bill 1155 (2024)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedNH Admin. Code § 1905.13
New Hampshire law requires insurers to offer some Medicare Supplement (Medigap) plans to individuals during their six-month open enrollment period. During this time, insurers cannot deny coverage or vary pricing based on health status or medical history, and they may not apply preexisting condition exclusions if the applicant has six months of prior creditable coverage. The state also provides guaranteed issue protections for individuals who lose certain types of health coverage, such as Medicare Advantage or employer-sponsored plans, allowing them to purchase Plans A, B, C, F (including high-deductible F), K, or L without medical underwriting or benefit exclusions. Insurers are required to offer plans to individuals under 65 with a disability, but New Hampshire law does not require that premiums be equal across age groups, which may result in significantly higher costs for those under 65.
Text KIDNEY to 52886 to support kidney legislation in New Hampshire
Laws in New Jersey
Public Leave
PassedNJ Senate Bill 4188 (2020)
The bill grants all State and local government employees, including public school employees, a leave of absence with pay for donating an organ or bone marrow to another person. The paid leave is up to 30 work days for an organ donation and up to five work days for a bone marrow donation.
Medicare Supplement (Medigap)
PassedNJ Admin. Code § 11:4-23.12
New Jersey requires insurers to offer at least one Medicare Supplement (Medigap) plan, Plan D, to individuals under age 65. Premiums for this population must be equal to those charged to individuals age 65 and older, ensuring affordability. While only one standardized plan is available, insurers may not deny, condition, or vary pricing based on health status, claims history, or preexisting conditions during specified guaranteed issue periods. Eligible individuals must apply within 63 days of a qualifying event and may choose from a limited set of standardized plans, depending on the situation.
Living Donor Protection Act
PassedNJ Assembly (House) Bill 3199 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Employer Tax Credit
PassedNJ Senate Bill 4188 (2020)
This bill gives employers of donors a tax credit equal to 25% of the donor’s salary for up to 30 days of missed work per donation.
Biomarkers/Genetic Testing
PassedNJ Assembly (House) Bill 4163 (2025)
New Jersey law now requires all health insurance plans, including Medicaid, to cover biomarker precision medical testing for disease diagnosis and management, ensuring equitable access and clear patient protections.
Private Leave
PassedNJ Assembly (House) Bill 1449 (2020)
This law states that if you take leave from work due to a disability resulting from organ or bone marrow donation, your employer is required to restore you to your original job or to an equivalent position. This position must have the same seniority, pay, benefits, and other employment terms as before your leave.
Living Donor Tax Credit
PassedNJ Senate Bill 4188 (2020)
This law lets a taxpayer deduct up to $10,000 of unreimbursed expenses if they or their dependent donates an organ, part of an organ, or bone marrow for transplantation.
Text KIDNEY to 52886 to support kidney legislation in New Jersey
Laws in New Mexico
Medicare Supplement (Medigap)
PassedNM Code R. § 13.10.25.17
New Mexico does not require insurers to offer Medicare Supplement (Medigap) plans to individuals under 65 who qualify for Medicare due to disability or end-stage renal disease (ESRD). As a result, Medigap coverage for this population is not guaranteed and may only be available at significantly higher premiums. The state does not impose consumer protections to ensure affordability of Medigap plans. However, New Mexico offers a safety net through the New Mexico Medical Insurance Pool (NMMIP), which provides access to a Medigap-like policy and a sliding-scale premium subsidy for individuals earning up to 400% of the federal poverty level.
Public Leave
PassedNM House Bill 590 (2007)
The person in charge of a state agency may grant a leave of absence, not to exceed twenty days, to a state agency employee for the purpose of donating an organ or bone marrow
Biomarkers/Genetic Testing
PassedNM House Bill 73 (2023)
This New Mexico law requires Medicaid and most health insurance plans to cover biomarker testing to help diagnose, treat, manage, or monitor diseases when supported by medical and scientific evidence.
Living Donor Tax Credit
PassedNM House Bill 105 (2005)
A taxpayer may claim a deduction from net income in an amount not to exceed ten thousand dollars ($10,000) of organ donation-related expenses, including lost wages, lodging expenses and travel expenses, incurred during the taxable year by the taxpayer or the taxpayer's dependent as a result of the taxpayer's or dependent's donation of a human organ to another person for transfer of that human organ to the body of another person.
Text KIDNEY to 52886 to support kidney legislation in New Mexico
Laws in New York
Living Donor Tax Credit
PassedNY Senate Bill 1594 (2022)
This bill provides up to $14,000 in reimbursement for lost wages and reimbursement of costs related to living organ donation.
Biomarkers/Genetic Testing
PassedNY Assembly (House) Bill 8502 (2024)
This NY law requires health insurance plans and Medicaid to cover biomarker testing when it is proven to help diagnose, treat, manage, or monitor a person’s disease and guide treatment decisions.
PassedNY Assembly (House) Bill 8052 (2024)
This NY law requires health insurance plans and Medicaid to cover biomarker testing when it is proven to help diagnose, treat, manage, or monitor a person’s disease and guide treatment decisions.
Living Donor Protection Act
PassedNY Senate Bill 2496 (2018)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedNY 11 CRR-NY 58.1
New York requires insurers to offer all standardized Medicare Supplement (Medigap) plans to individuals under age 65. Coverage must be issued on a guaranteed issue basis, meaning insurers cannot deny coverage or vary premiums based on health status, preexisting conditions, or disability. Premiums are community-rated, ensuring individuals under 65 pay the same rates as those 65 and older.
Public Leave
PassedNY Assembly (House) Bill 9424 (2001)
Any employee of the state of New York shall be allowed up
to seven days paid leave to undergo a medical procedure to donate bone
marrow and up to thirty days paid leave to serve as an organ donor.
Text KIDNEY to 52886 to support kidney legislation in New York
Laws in North Carolina
Medicare Supplement (Medigap)
PassedNC Gen. State. § 58-54-45
North Carolina requires insurers to offer at least one Medicare Supplement (Medigap) Plan, Plan A, to individuals under 65 who are eligible for Medicare due to disability, and also Plan C or F (if marketed to those aging into Medicare before 2020) or Plan D or G (if marketed to those aging in after 2020). These offerings must be made available during a six-month open enrollment period that begins when an individual first enrolls in Medicare Part B. The law prohibits insurers from denying coverage or varying premiums based on health status, claims experience, or medical condition during this time. Individuals who lose managed care coverage also have a guaranteed issue right to buy Plans A, D, or G within 63 days. However, insurers may set separate premium rates for the disabled population, which could result in higher costs for beneficiaries under 65.
Living Donor Protection Act
IntroducedNC House Bill H663 (2025)
This legislation would ensure that living donors are not discriminated against by life, disability and long term care insurance, provide a $5,000 tax credit for Organ Donors and provide up to 30 days paid leave for organ donation for state employees
Take Action!
Public Leave
PassedNC 25 NCAC 01E .1607 (2002)
State employees may be given reasonable time off with pay for whole blood donation, pheresis procedure and bone marrow transplant. Employees may be given up to 30 days with pay for organ donation.
Text KIDNEY to 52886 to support kidney legislation in North Carolina
Laws in North Dakota
Medicare Supplement (Medigap)
PassedND Admin. Code § 45-06-01.1-09
North Dakota does not require insurers to offer Medicare Supplement (Medigap) coverage to individuals under age 65 who qualify for Medicare due to disability. While some Medigap plans may be available on the individual market, they are not guaranteed and may come with significantly higher premiums, making them unaffordable for many beneficiaries. The state does not provide consumer protections to ensure affordability or equal access for this population. However, North Dakota does operate a high-risk pool known as the Comprehensive Health Association of North Dakota (CHAND), which offers supplemental coverage options—including Medicare Supplement Plans A, B, C, D, F, and high-deductible F—for individuals unable to obtain Medigap policies due to preexisting conditions or disability status. Although CHAND offers a safety net, enrollees may still face higher premiums compared to standard Medigap coverage, and eligibility requirements apply.
Public Leave
PassedND Senate Bill 2298 (2005)
The executive officer in charge of a state agency may grant a leave of absence, not to exceed twenty work days, to an employee for the purpose of donating an organ or bone marrow.
Living Donor Tax Credit
PassedND § 57-38-30.3
This bill reduces by up to ten thousand dollars of qualified expenses that are related to a donation by a taxpayer or a taxpayer's dependent, while living, of one or more human organs to another human being for human organ transplantation.
Text KIDNEY to 52886 to support kidney legislation in North Dakota
Laws in Ohio
Living Donor Tax Credit
PassedOH House Bill 119 (2007)
Thie bill allows Ohioans to Deduct, to the extent not otherwise allowable as a deduction or exclusion in computing federal or Ohio adjusted gross income for the taxable year and not otherwise compensated for by any other source, the amount of qualified organ donation expenses incurred by the taxpayer during the taxable year, not to exceed $10,000.
Living Donor Protection Act
PassedOH House Bill 188 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedOH House Bill 326 (2002)
A full-time state employee shall receive up to two hundred forty hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of any portion of an adult liver or because of the employee's donation of an adult kidney.
Text KIDNEY to 52886 to support kidney legislation in Ohio
Laws in Oklahoma
Living Donor Tax Credit
PassedOK 74 O.S. § 840-2.20B (2002)
Residents can claim up to $10,000 in a tax credit for expenses incurred for living organ donation.
Living Donor Protection Act
PassedOK Senate Bill 704 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedOK § 365:10-5-129
Oklahoma requires insurers to offer at least one standardized Medicare Supplement (Medigap) plan to individuals under age 65 who qualify due to disability. These individuals are entitled to a six-month open enrollment period beginning with their Medicare Part B enrollment, during which insurers cannot deny coverage, impose conditions, or charge higher premiums based on health status or disability. The premium charged may not exceed the lowest available aged premium for that plan. Additionally, individuals under 65 who lose other coverage or experience specific qualifying events have guaranteed issue rights to select certain Medigap plans within 63 days of the event.
Public Leave
PassedOK Senate Bill 1628 (2001)
State employees may receive up to 30 days paid leave to recover after becoming a living organ donor.
Biomarkers/Genetic Testing
PassedOK Senate Bill 513 (2023)
This Oklahoma law requires health insurance plans and Medicaid to cover biomarker testing to help diagnose, treat, manage, or monitor a disease when supported by medical evidence.
Text KIDNEY to 52886 to support kidney legislation in Oklahoma
Laws in Oregon
FMLA Paid Leave
PassedOR Senate Bill 796 (2019)
Makes period of absence for donation of body part, organ or tissue "serious health condition" for which family leave may be taken.
Living Donor Protection Act
PassedOR Senate Bill 796 (2019)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedOR § 743.683
Oregon requires insurers to offer all/most Medicare Supplement (Medigap) plans available for sale to beneficiaries under age 65 during their six-month open enrollment period. Insurers may not deny coverage or adjust pricing based on health status or medical history. Additionally, Oregon law prohibits charging higher premiums to individuals under 65 than those charged to individuals age 65 and older.
Private Leave
PassedOR Senate Bill 796 (2019)
The bill adds organ donation to the lists of conditions that Oregonians can take unpaid leave under the Oregon Family Leave Act.
Text KIDNEY to 52886 to support kidney legislation in Oregon
Laws in Pennsylvania
Employer Tax Credit
PassedPA House Bill 46 (2014)
The tax credit about shall be equal to the amount of employee salary compensation paid during the leave of < absence period, the cost of temporary replacement help, if any, during the leave of absence period and any miscellaneous expenses authorized by regulation that are incurred in connection with the leave of absence period.
Biomarkers/Genetic Testing
PassedPA House Bill 1754 (2024)
This Pennsylvania law starting January 1, 2026 requires health insurance plans, including Medicaid and CHIP, to cover biomarker testing to help diagnose, treat, manage, or monitor a disease when medically necessary and supported by clinical evidence.
Living Donor Protection Act
PassedPA House Bill 203 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Living Donor Tax Credit
IntroducedPA House Bill 422 (2025)
This bill would provide up to $12,000 in tax credits for living organ donors.
Take Action!
Private Leave
PassedPA House Bill 46 (2014)
This law requires private employers to provide up to 5 business days of paid organ donation leave.
Medicare Supplement (Medigap)
PassedPA 31 Code § 89.778
Pennsylvania requires all Medicare Supplement (Medigap) plans to be offered to individuals under age 65 who qualify for Medicare, with guaranteed issue during their six-month open enrollment period. Insurers may not deny coverage or vary pricing based on health status or medical history. All plans must use community rating, meaning everyone is charged the same premium regardless of age, gender, or health status.
Text KIDNEY to 52886 to support kidney legislation in Pennsylvania
Laws in Rhode Island
Living Donor Tax Credit
PassedRI Senate Bill 76 (2009)
This bill says an individual may subtract up to ten thousand dollars ($10,000) from federal adjusted gross income if he or she, while living, donates one or more of his or her human organs to another human being for human organ transplantation.
Biomarkers/Genetic Testing
PassedRI Senate Bill 2201 (2022)
This Rhode Island law requires health insurance plans and Medicaid (House File 7123) to cover biomarker testing when it is proven to help diagnose, treat, manage, or monitor a person’s disease and guide treatment decisions.
Living Donor Protection Act
PassedRI House Bill 5489 (2023)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
FMLA Paid Leave
PassedRI Senate Bill 829 (2025)
This bill expands Rhode Island's Temporary Caregiver Insurance program to provide paid leave benefits for employees who serve as bone marrow or living organ donors, with specific recovery periods and increased annual benefit duration
Private Leave
PassedRI Senate Bill 829 (2025)
This bill expands Rhode Island's Temporary Caregiver Insurance program to provide paid leave benefits for employees who serve as bone marrow or living organ donors, with specific recovery periods and increased annual benefit duration.
Medicare Supplement (Medigap)
PassedRI 230 Code R. § 020-30-7
Rhode Island requires insurers to offer at least one Medicare Supplement (Medigap) plan to individuals under age 65. The state also provides guaranteed issue protections for individuals who lose other health coverage or disenroll from a Medicare Advantage plan, giving them 63 days to apply for a Medigap plan without being denied for health reasons. Depending on the situation, insurers must offer plans like A, B, C, F (including high-deductible F), K, or L. However, while these protections help ensure access, they do not limit how much insurers can charge, so plans may be unaffordable.
Text KIDNEY to 52886 to support kidney legislation in Rhode Island
Laws in South Carolina
Medicare Supplement (Medigap)
PassedSC Code Ann. § 69-46
South Carolina does not require insurers to offer Medicare Supplement (Medigap) coverage to individuals under age 65. While some insurers voluntarily offer Medigap plans to this population, availability is limited, and most plans are not considered affordable. Individuals under 65 may also access supplemental coverage through the state's high-risk insurance pool; however, premiums through this option are often significantly higher than standard Medigap plans. Although South Carolina requires that all Medigap policies currently available for sale be offered without medical underwriting during the federal six-month open enrollment period for individuals age 65 and older who enroll in Medicare Part B, these protections do not extend to individuals under age 65 unless they qualify under specific guaranteed issue circumstances. These include events such as losing other coverage or disenrolling from a Medicare Advantage plan, with applications required within 63 days. Depending on the qualifying event, insurers must offer access to specific standardized plans, but overall, the lack of mandated coverage and affordability protections leaves most individuals under 65 with few viable Medigap options.
Living Donor Protection Act
PassedSC House Bill 3255 (2024)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedSC Senate Bill 830 (2002)
This law allows state workers leave not exceeding an aggregate of thirty regularly scheduled workdays in any one calendar year during which they may engage in the donation of their organs.
Text KIDNEY to 52886 to support kidney legislation in South Carolina
Laws in South Dakota
Medicare Supplement (Medigap)
PassedSD § 20:06:13:84
South Dakota requires Medicare Supplement (Medigap) open enrollment for all Medicare beneficiaries, regardless of age, if they apply within six months of enrolling in Medicare Part B. Insurers may not deny coverage based on health status or disability. However, they may charge higher premiums to individuals under age 65, so long as those rates are based on sound insurance principles and do not exceed the premium charged to a 75-year-old beneficiary. South Dakota also grants guaranteed issue rights for individuals who lose other types of coverage, such as employer-sponsored or Medicare Advantage plans, allowing access to a range of Medigap policies without medical underwriting during specific enrollment periods.
Text KIDNEY to 52886 to support kidney legislation in South Dakota
Laws in Tennessee
Medicare Supplement (Medigap)
PassedTN Code Ann. § 56-7-1503
Tennessee requires insurers that offer Medicare Supplement (Medigap) policies to individuals age 65 and older to also offer the same plans to individuals under 65 who qualify for Medicare. These individuals are entitled to the same protections and benefits as older enrollees. However, insurers are allowed to charge higher premiums for those under 65, as long as the rates follow an approved rate schedule and are based on actuarial principles. While all plans must be made available, most are not affordable for under-65 beneficiaries due to significantly higher premium costs.
Text KIDNEY to 52886 to support kidney legislation in Tennessee
Laws in Texas
Medicare Supplement (Medigap)
PassedTX House Bill 2516 (2025)
Texas requires insurers to offer Medicare Supplement (Medigap) plans to individuals under 65 who qualify for Medicare. Plans A, B, and D must be offered at the same premium charged to 65-year-olds, and other plans may not exceed twice that amount. A six-month open enrollment period is provided, with no denials, underwriting, waiting periods, or exclusions based on preexisting conditions.
Living Donor Protection Act
PassedTX House Bill 317 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Biomarkers/Genetic Testing
PassedTX Senate Bill 989 (2023)
This Texas law requires health insurance plans, including Medicaid and CHIP, to cover biomarker testing to help diagnose, treat, manage, or monitor a disease when the test is supported by medical and scientific evidence.
Public Leave
PassedTX House Bill 89 (2003)
This law says A state employee is entitled to a leave of absence without a deduction in salary for the time necessary to permit the employee to serve as a bone marrow or organ donor.
(b) The leave of absence provided by this section may not exceed:
(1) five working days in a fiscal year to serve as a bone marrow donor; or
(2) 30 working days in a fiscal year to serve as an organ donor.
Text KIDNEY to 52886 to support kidney legislation in Texas
Laws in Utah
Living Donor Tax Credit
PassedUT Senate Bill 164 (2005)
This law provides for an up to $10,000 non refundable tax credit for living organ donor to cover non reimbursed non medical costs associated with organ donation.
Living Donor Protection Act
PassedUT House Bill 349 (2020)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedUT Senate Bill 125 (2002)
This law saws that an employee who serves as a donor of a human organ shall be granted a paid leave of absence of up to 30 days that are necessary for the donation and recovery from the donation.
Text KIDNEY to 52886 to support kidney legislation in Utah
Laws in Vermont
Currently there is no active legislation for kidney disease or living organ donation in your state. Help advocate in your state and sign up to be an AKF Ambassador!
Text KIDNEY to 52886 to support kidney legislation in Vermont
Laws in Virginia
Public Leave
PassedVA House Bill 1642 (2001)
This law says that State employees shall be allowed up to thirty days of paid leave in any calendar year, in addition to other paid leave, to serve as bone marrow or organ donors.
Living Donor Protection Act
PassedVA House Bill 421 (2022)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Living Donor Tax Credit
PassedVA House Bill 2220 (2007)
This law provides a tax credit that is The lesser of $5,000 or the amount actually paid by a living donor of an organ or other living tissue for unreimbursed out-of-pocket expenses directly related to the donation that arose within 12 months of such donation.
Private Leave
PassedVA Senate Bill 1086 (2023)
This law requires private employers to provide up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor.
Medicare Supplement (Medigap)
PassedVA House Bill 1640 (2023)
Virginia requires insurers to offer at least one Medicare Supplement (Medigap) plan to individuals under 65 who qualify for Medicare due to disability. These plans must be issued on a guaranteed renewable basis, with no higher premiums than those charged to 65-year-olds and no exclusions for preexisting conditions if the applicant has at least six months of prior coverage.
Text KIDNEY to 52886 to support kidney legislation in Virginia
Laws in Washington
Medicare Supplement (Medigap)
PassedWA Rev. Code Ann. § 48.66.025
Washington does not require insurers to offer Medicare Supplement (Medigap) coverage to individuals under age 65, and no protections are in place to ensure affordability for this population. Although community rating is required for beneficiaries age 65 and older, meaning all individuals pay the same premium regardless of health status or medical history, those under 65 may be denied coverage or face significantly higher premiums. To address this gap, Washington operates the Washington State Health Insurance Pool (WSHIP), which offers a Medicare Basic supplemental plan for individuals who are unable to obtain Medigap coverage or who live in areas without plan availability. WSHIP serves as a safety net for these individuals but charges significantly higher premiums.
Living Donor Protection Act
PassedWA Senate Bill 5003 (2021)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Public Leave
PassedWA Executive Order NO. 02-01 (2002)
This law provides 5 days paid leave to state employees for recovery from living organ donation.
Text KIDNEY to 52886 to support kidney legislation in Washington
Laws in West Virginia
Public Leave
PassedWV Senate Bill 240 (2005)
This law says state employees are eligible to receive up to 240 hours of paid leave for donating a kidney or portion of a liver.
Text KIDNEY to 52886 to support kidney legislation in West Virginia
Laws in Wisconsin
Living Donor Tax Credit
PassedWI Assembly (House) Bill 477
The law allows living organ donors to subtract up to $10,000 from their federal AGI for nonmedical costs incurred during the donation process.
Private Leave
PassedWI Assembly (House) Bill 545 (2000)
This law allows for up to 30 days paid leave for organ donation.
Medicare Supplement (Medigap)
PassedWI Admin. Code Ins. § 3.39
Wisconsin requires insurers to offer at least one Medicare Supplement (Medigap) plan to individuals under age 65 who are eligible for Medicare due to disability. The state guarantees access to the same Medigap policies available to those age 65 and older, ensuring these individuals cannot be denied coverage based on their disability status. However, insurers may charge higher premiums for individuals under age 65 than they charge for those who qualify by age.
Public Leave
PassedWI Senate Bill 517 (2016)
This law allows state employees in Wisconsin to take no more than 6 weeks in a 12 month period for recovery from either organ donation or bone marrow donation.
Text KIDNEY to 52886 to support kidney legislation in Wisconsin
Laws in Wyoming
Living Donor Protection Act
PassedWY House Bill 165 (2023)
This legislation ensures that living donors are not discriminated against by life, disability and long term care insurance.
Medicare Supplement (Medigap)
PassedWY § 044-0002-35
Wyoming does not require insurers to offer Medicare Supplement (Medigap) coverage to individuals under age 65, and no consumer protections are in place to ensure affordability for this population. Although some plans may technically be available, individuals under 65 often face significant barriers in securing coverage. To help fill this gap, Wyoming operates the Wyoming Health Insurance Pool (WHIP), which provides supplemental coverage to individuals under age 65 who are on Medicare due to disability and unable to obtain a Medigap plan. WHIP offers coverage similar to traditional Medigap policies, including Medicare Part A and B deductibles, but premiums are often significantly higher.
Text KIDNEY to 52886 to support kidney legislation in Wyoming
Laws in District of Columbia
Public Leave
Passed DC Bill 14-0135 (2002)
A state employee shall be entitled to up to 30 days of leave to serve as an organ donor, and up to 7 days of leave to serve as a bone marrow donor, without loss or reduction in pay, leave, or credit for time of service.
Employer Tax Credit
Passed DC Bill 16-0701 (2017)
This statute creates a tax credit for businesses that offer paid organ donation or bone marrow donation leave to their employees. The employer may claim 25% of the salary or wages paid to the employee for their leave of absence, up to 30 days for organ donation leave and seven days for bone marrow donation.