Kidney Donation Anti-Discrimination Act
- Bill Number
- H.R. 3503
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Finance and Financial Sector
- Status
- Introduced
- Latest Action
- 2025-05-19: Referred to the House Committee on Financial Services.
- Last Updated
- 2025-10-01T08:05:42Z
AI-Generated Summary
Purpose
The Kidney Donation Anti-Discrimination Act aims to protect living kidney donors from unfair treatment by life insurance companies, encouraging organ donation by ensuring donors are not penalized solely for their donor status.
Key Provisions
- Prohibition on Discrimination: Life insurance providers cannot discriminate against living kidney donors when offering, issuing, canceling, setting prices for, imposing conditions on, or determining coverage amounts under life insurance policies. Discrimination is allowed only if based on additional proven risks (actuarial risks) unrelated to the donation itself.
- Private Right of Action: Individuals harmed by such discrimination can file a lawsuit in a U.S. federal district court against the responsible entity, seeking damages (financial compensation) and attorney's fees.
- Non-Preemption Clause: The law does not override state or local laws that provide stronger protections for living kidney donors regarding life insurance.
- Definitions:
- Life insurance policy: A contract where a company agrees to pay a beneficiary a sum of money upon the insured person's death.
- Living kidney donor: A person who has donated a kidney and is still alive.
Significant Changes to Existing Law
This bill introduces a new federal prohibition on discrimination in life insurance based solely on living kidney donor status. Prior to this, no specific federal law prevented insurers from denying coverage, raising premiums, or altering terms for donors due to their donation, even without other health risks. It establishes a clear standard requiring evidence of unrelated risks for any adverse actions.
Potential Impacts
- On Citizens: Living kidney donors may face fewer barriers to obtaining affordable life insurance, potentially increasing willingness to donate kidneys and improving access to transplants for those with kidney failure. Families of donors could benefit from stable insurance coverage.
- On Government Agencies: Federal courts may see an uptick in related lawsuits, requiring enforcement through the judicial system. No direct impact on executive agencies is outlined.
- On International Relations: Minimal to none, as the bill focuses on domestic insurance practices and does not address cross-border issues.
- Broader Effects: Could indirectly boost the national organ donation system by reducing financial disincentives, benefiting public health without imposing new regulatory burdens on insurers beyond the anti-discrimination rule.
Main Stakeholders Affected
- Living Kidney Donors: Primary beneficiaries, gaining legal protections against insurance discrimination.
- Life Insurance Providers: Must comply with the new rules, potentially adjusting underwriting practices (how they evaluate risks) to avoid lawsuits.
- Beneficiaries and Families: Indirectly affected through maintained or improved access to donor life insurance payouts.
- Transplant Recipients and Healthcare System: Positive ripple effects from potentially higher donation rates.
- Federal Courts: Handle any private lawsuits arising from violations.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates a straightforward federal cause of action (legal basis for suing) for discrimination, empowering individuals without relying on broader anti-discrimination laws. The non-preemption clause allows states to build on this framework, fostering a layered regulatory approach.
- Constitutional: Aligns with equal protection principles under the U.S. Constitution by addressing potential arbitrary discrimination, but raises no significant challenges to federal authority or individual rights.
- Political: Supports public health goals like increasing organ donations, which enjoy bipartisan appeal, but may face opposition from insurers concerned about litigation risks or changes to risk assessment. As an introduced bill (H.R. 3503, 119th Congress), its passage would signal congressional priority on donor protections.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Van Drew, Jefferson [R-NJ-2]
Cosponsors (5)
Rep. Davis, Donald G. [D-NC-1], Rep. Lawler, Michael [R-NY-17], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Mann, Tracey [R-KS-1], Rep. Bresnahan, Robert P. [R-PA-8]
Recent Actions
- 2025-05-19: Referred to the House Committee on Financial Services.
- 2025-05-19: Introduced in House
- 2025-05-19: Introduced in House
Bill Versions
- Kidney Donation Anti-Discrimination Act — issued 2025-05-19 — PDF (2 pages)