Congress bars life insurers from penalizing kidney donors
H.R. 3503 — Kidney Donation Anti-Discrimination Act · Filed by Jefferson Van Drew (R-NJ) · 5 cosponsors · Introduced May 19, 2025 · Referred to committee
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What it does
This bill makes it illegal for life insurance companies to deny coverage, charge higher premiums, or offer worse terms to people solely because they donated a kidney, unless the insurer can prove the donation itself creates additional medical risk. It gives harmed donors the right to sue in federal court for damages and attorney's fees.
Why we flagged it
The bill's operative mechanism is a straightforward anti-discrimination rule protecting a specific class of people (organ donors) from insurance underwriting practices that penalize altruism. It is a consumer protection measure, not a subsidy or carve-out.
What the text implies
- May increase life insurance costs for non-donors if insurers shift risk pricing to other underwriting factors, though the effect is likely minimal given the small population of living kidney donors.
- Creates a federal private right of action in district court, potentially generating litigation and establishing case law on what constitutes unlawful discrimination in insurance underwriting.
The full analysis lists 3 implications of this text.
Who stands to gain
living kidney donors (reduced insurance costs/access)