Act 11 of 2021
Act 11 of 2021, was signed into law on April 27th, 2021. Act 11 of 2021 provides certain protections to living donors and mandates information to be shared on the benefits of being a living donor. A living donor as defined within Act 11 of 2021, is an individual who (1) has donated all or part of an organ or tissue; and (2) is not deceased.
Benefits of Living Donation
Annually, nearly 6,000 individuals become living donors. The gift of an organ can save the life of transplant candidate and remove that individual from the transplant waiting list. The experience of providing this special gift to a person in need can serve as a very positive aspect of the donation. Transplants can greatly improve recipients' health and quality of life, allowing them to return to normal activities. They can spend more time with family and friends, do more physical activities, and pursue interests and hobbies again.
A living donation makes it possible to schedule the transplant at a convenient time for the donor and recipient. Better genetic matches between living donors and candidates may decrease the risk of organ rejection. In addition, kidneys from living donors usually work immediately.
Relatives, loved ones, friends and even individuals who wish to remain anonymous often serve as living donors to spare a patient a long and uncertain wait. In 2020, more than 5,700 transplants were made possible by living donors.
For more information on living donation including information on directed and non-directed donation please visit:
Impact of the Donation on a Living Donor's Access to Insurance or Assistance
Who pays for living donation?
Medical expenses for living donation are generally covered by the transplant recipient's insurance plan. This includes expenses for evaluation, surgery, and certain follow-up tests and medical appointments.
The National Living Donor Assistance Center,
www.livingdonorassistance.org or 703-414-1600, may be able to provide financial help for travel, lodging, meals, and other non-medical expenses connected with your evaluation, surgery and follow-up services (within 90 days after the donation).
Reduction in Federal, adjusted gross income for state income tax purposes
For more information please visit:
https://www.alec.org/model-policy/organ-donation-tax-deduction-act/
Protections granted to living donors
All employers subject to the Family and Medical Leave Act (FMLA) are required to provide the same leave to which an eligible employee is entitled under the FMLA. This applies when the eligible employee is unable to work because of a serious health condition, either occurring during the preparation for or the recovery from surgery related to organ or tissue donation.
The same entitlements apply when the eligible employee must care for the eligible employee's spouse, child or parent with a serious health condition, either occurring during the preparation for or the recovery from surgery related to organ or tissue donation.
Lastly, if the living donor believes that the living donor's employer is not in compliance with the FMLA guidelines, they may file a complaint with the United States Department of Labor Wage and Hour Division (please see the link cited below).