Ending Discrimination Against Living Organ Donors (H.R. 5263)
Do you support or oppose this bill?
What is H.R. 5263?
(Updated July 13, 2017)
This bill would create protections for living organ donors by allowing them to take time off of work to recover from surgery. It would also bar insurance companies from discriminating against them.
A misconception about organ donation is that tissues and organs can only be taken after a donor has died. However, as the need for transplantation organs has grown over the years, live-organ donation has become an increasingly popular option. Every year, about 6,000 living donations are made, ranging from lungs, pancreas parts, liver lobes, and intestines.
Under H.R. 5263 companies that offer insurance policies, disability insurance policies, and long-term
care insurance policies would be banned from raising premiums or denying coverage to people based on their status as living organ donors. Living organ donors would also be granted time off from work after their donation surgeries through the Family Medical Leave Act (FMLA). Under H.R. 5263, the Secretary of Health and Human Services would be directed to educate citizens on the benefits and impacts of live organ donation through PSAs and public websites.
Argument in favor
Would give living organ donors protections from discrimination by employers and insurance companies.
Argument opposed
Disproportionately burdens employers who can't afford to give their organ donating employees the 2-4 months off needed for recovery.
Impact
Living organ donors, organ transplant recipients, employers with over 50 employees, insurance companies, and state insurance regulators.
Cost of H.R. 5263
A CBO cost estimate is not available at this time.
Additional Info
In Depth:
Currently, the FMLA only offers 12 weeks a year of unpaid leave for employees who have a baby or need to care for a family member with a serious illness. If passed, H.R. 5263 would amend the FMLA to include donors, making them eligible for unpaid leave when they are recovering after their voluntary organ donation surgery. , it would only apply to employees at companies with 50 or more workers. For context, that's about 60% of the U.S. workforce.A 2007 study in the American Journal of Transplantation found 11% of living organ donors either have a hard time getting insurance, or experience rate hikes after their procedures. In support of the bill, The National Kidney Foundation issued this statement:
“This bill will help those needing a kidney or liver transplant by removing certain barriers to living donation and thereby strengthening access to transplantation. Most notably it protects those life-saving heroes who choose to be living donors.”
H.R. 5263's critics think this bill would put a strain on employers, as researchers have found that the typical living donor is hospitalized for about 10 days, and may need to take 2 - 4 months off work to achieve a full recovery. Other opponents of the bill point to the fact that informed consent can be tricky, and many donors don't know what they're getting into. Donors do not currently have a centralized, unbiased source of information that describe side effects, pain, and estimated recovery times.
Media:
Rep. Michael Burgess (R-TX) Press Release
American Society of Transplantation Letter (in support)
NPR on the Consequences of Organ Donation
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