S. 1552 — Living Donor Protection Act of 2025

This section prohibits insurers from denying coverage of, canceling, refusing to issue, adjusting premiums for, or otherwise varying the terms of life insurance policies (i.e., contracts paying beneficiaries upon the insured's death), disability insurance policies (i.e., contracts paying for income loss due to illness- or injury-related disability), or long-term care insurance policies based solely on an individual's status as a living organ donor (i.e., a person who has donated all or part of an organ while alive), absent any actual, unique, and material actuarial risks. State insurance regulators may enforce this prohibition as authorized under state law.

This section clarifies that recovery from surgery related to organ donation qualifies as a serious health condition under the Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. 2611(11)) for private-sector employees. For federal civil service employees, the section makes the same clarification to the FMLA-equivalent definition (5 U.S.C. 6381(5)) and authorizes any employee using FMLA leave to serve as an organ donor (including for recovery) to substitute available organ donor leave under 5 U.S.C. 6327 for as much of the 12-week FMLA entitlement as possible. (Thus, federal organ donors may use paid organ donor leave concurrently with FMLA leave.)

This section directs the Secretary of Health and Human Services, not later than 6 months after enactment, to review and update materials related to living organ donation to educate the public on the benefits and risks of living organ donation and its impact on a donor's insurance access, including information on requirements under section 2 and amendments made by section 3. The Secretary must update, as appropriate, public service announcements, publicly accessible websites such as organdonor.gov, and other media.