Living organ donation is on the rise, however, there may be unforeseen obstacles ahead for the living donor... unless the guidelines for FMLA can be improved, that is. Currently the Family and Medical Leave Act (FMLA) does not specify that living organ donors can take unpaid leave to recover from their donation, or guarantee that living donors will have a job waiting for them after surgery. In many cases the living donor’s employer’s company policy and health insurance plan has the final say as to exactly what the employee can expect to happen if they decide to become a living organ donor. At this time there is no protection against discrimination for the living organ donor in regards to purchasing individual health insurance, which every American citizen is now required to have. Some insurance carriers consider living organ donation to be a “pre-existing” condition, thereby either charging higher rates or denying coverage altogether to the living donor. The High Cost of Being a Living Donor From the Q&A on Living Donation article from the National Kidney Foundation: Generally, if the living donation is to a family member or friend, the recipient’s Medicare or private health insurance will pay for the following on behalf of the living donor: Evaluation to determine if the person is a good candidate for living donation Donation surgery Post-operative care However, several expenses are not paid for. Neither the recipient’s nor or the living donor’s insurance will pay for: Wages that are lost during the living donor’s recovery - Depending on the living donor’s state, they may be eligible for sick leave, state disability, and the Family and Medical Leave Act (FMLA). Travel expenses associated with the surgery - Some transplant hospitals offer free or low-cost hospitality houses for the living donor, recipient, and family. Expenses for treatment of unrelated conditions that are discovered during the evaluation process Some follow-up expenses may also not be covered. Working to Protect Living Donors As stated in a recent press release, “On July 30, 2014 Congressman Jerrold Nadler (D-NY) and Congressman Michael Burgess (R-TX), M.D., introduced the Living Donor Protection Act (H.R. 5263), in order to promote living organ donation while protecting the rights of living organ donors. ‘Every year, thousands of living Americans donate kidneys, livers, and other organs to save the lives of family members, friends, and complete strangers struggling with chronic, life-threatening illnesses. An organ donor’s decision to undergo these invasive procedures saves lives and it also saves money,’ said the Congressmen. ‘Organ donation saves Medicare millions of dollars every year. It cuts health care costs as much as two-thirds by reducing the need for dialysis and other expensive medical interventions to treat chronic illnesses. Yet, after taking this heroic step to save a life, living organ donors may unfortunately face discrimination when they try to take medical leave or buy insurance – our bill would address that injustice.’ The Living Donor Protection Act (H.R. 5263) would promote organ donation and protect living organ donors in three easy, low-cost ways: Prohibits life, disability, and long term care insurance companies from denying or limiting coverage and from charging higher premiums for living organ donors; Clarifies that living organ donors may use FMLA time to recover from the surgeries and procedures involved in their donation; and Directs HHS to update their materials on live organ donation to reflect these new protections and encourage more individuals to consider donating an organ” The bill has support from numerous groups that advocate on behalf of organ transplantation including the National Kidney Foundation, the American Society of Transplantation, and the Organization for Transplant Professionals, as well as individuals who are are considering living donation, are living donors, or have received organ transplants from living donors, like myself. What can you do to help? Now that the H.R. 5263 has been introduced it needs your help to be passed in order to become reality. Congressman Jerrold Nadler (D-NY) and Congressman Michael Burgess (R-TX), M.D. have presented the evidence of need but they will need for their fellow congressmen to vote it into existence. You can help the process by contacting your local congressmen to tell them that you support this bill and you need for them to do the same. You are the constituent who voted them into office, so your input is vital and a key point when it comes to how they vote on the laws that govern our daily lives. Contacting your congressman is easy and only requires a few moments to send them an email, a hand written letter or even a phone call. Locate your representatives today at House.gov/representatives/find/, and contact them. Be sure to reference H.R. 5623! Read a Story About a Living Donor Read Tresha's Story Becoming a Living Donor: A Mother's Life Saving Gift Topics: Organ Donation Information, Organ Donation In the News