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Offline Clark

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H.R.5263 - Living Donor Protection Act of 2014
« on: August 06, 2014, 05:46:41 PM »
https://beta.congress.gov/bill/113th-congress/house-bill/5263/text?q=%7B%22search%22%3A%5B%22HR+5263%22%5D%7D

H.R.5263 - Living Donor Protection Act of 2014
113th Congress (2013-2014)

BILL
Sponsor:   Rep. Nadler, Jerrold [D-NY-10] (Introduced 07/30/2014)
Committees:   House - Education and the Workforce; Energy and Commerce; Financial Services; House Administration; Oversight and Government Reform
Latest Action:   07/30/2014 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.

Text: H.R.5263 — 113th Congress (2013-2014)

There is one version of the bill.
Bill text available as:TXTPDFHTML/XML
Shown Here:
Introduced in House (07/30/2014)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H.R. 5263 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5263

    To promote and protect from discrimination living organ donors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2014

    Mr. Nadler (for himself, Mr. Burgess, Mr. Clay, and Mr. Costa)
 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

_______________________________________________________________________

                                 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
2014''.

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 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 that 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 under 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.
                                 <all>
Unrelated directed kidney donor in 2003, recipient and I both well.
625 time blood and platelet donor since 1976 and still giving!
Elected to the OPTN/UNOS Boards of Directors & Executive, Kidney Transplantation, and Ad Hoc Public Solicitation of Organ Donors Committees, 2005-2011
Proud grandpa!

Offline Clark

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NKF Advocacy in favor of H.R.5263 - Living Donor Protection Act of 2014
« Reply #1 on: August 06, 2014, 05:47:51 PM »
https://secure2.convio.net/nkf/site/Advocacy;jsessionid=4ECF2B18B2C67104121BB1B390875283.app263b?cmd=display&page=UserAction&id=187

Living Donor Protection Act

Take action to protect living kidney donors.

The Living Donor Protection Act (HR 5263), sponsored by Representative Jerrold Nadler (D- NY) and Representative Michael Burgess (R-TX), aims to protect living donors from insurance discrimination and promote education about living donation. H.R. 5263 will make it unlawful for insurance companies to decline, terminate, and limit coverage or charge higher premiums for life, disability, or long-term care insurance policies because of someone’s status as a living organ donor.  Furthermore, the bill clarifies that living organ donors may use time granted through the Family and Medical Leave Act (FMLA) to recover from transplant surgery.

Let your Representative know how important this legislation is by personalizing the below message.

[Form]
Unrelated directed kidney donor in 2003, recipient and I both well.
625 time blood and platelet donor since 1976 and still giving!
Elected to the OPTN/UNOS Boards of Directors & Executive, Kidney Transplantation, and Ad Hoc Public Solicitation of Organ Donors Committees, 2005-2011
Proud grandpa!

 

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