The Living Donor Protection Act (LDPA) has reached a significant milestone as it has been scheduled for markup in the Senate Health, Education, Labor, and Pensions (HELP) Committee. This marks the furthest advancement of the legislation since its introduction, highlighting the ongoing efforts to address the national organ shortage crisis. The announcement was made by the National Kidney Foundation (NKF) on February 19, 2026, emphasizing years of advocacy by living donors, transplant recipients, and patient advocates across the United States.
The LDPA aims to eliminate discrimination against individuals who have donated organs or tissue by prohibiting life, disability, and long-term care insurers from denying coverage based solely on their status as living donors. Additionally, the legislation clarifies that recovery time for living donors is protected under the Family and Medical Leave Act (FMLA). This ensures that individuals do not have to choose between saving a life and maintaining their employment.
Addressing the Organ Shortage Crisis
Currently, more than 90,000 Americans are waiting for a kidney transplant, with living donation recognized as the optimal treatment option for many patients. Living donations offer improved outcomes and longer graft survival rates. Despite these advantages, potential donors often face concerns regarding insurance protections and job security.
“For years, living donors and transplant recipients have shared their stories and urged Congress to act,”
said Kevin Longino, the CEO of the National Kidney Foundation and a kidney transplant recipient. He added,
“Scheduling the Living Donor Protection Act for markup in the Senate HELP Committee is a powerful acknowledgment of that advocacy. Living donors step forward to save lives. They should never face discrimination or financial uncertainty because of that generosity.”
The LDPA has received strong bipartisan support, aided by sustained efforts from the NKF and various partners in the kidney and transplant community. The upcoming committee markup on February 26, 2026, will allow members to formally review, amend, and vote on advancing the bill to the full Senate.
Next Steps for the Legislation
A companion two-part bill, H.R. 4582 and H.R. 4583, is currently under consideration in the U.S. House of Representatives. The NKF plans to continue collaborating with Congressional leadership and bipartisan sponsors to push the Living Donor Protection Act towards a full Senate vote and eventual passage.
The LDPA would provide essential protections for living organ donors, ensuring that they are not discriminated against in obtaining life, disability, and long-term care insurance. The NKF has advocated for similar protections in over 30 states, successfully raising awareness and support for living donors.
Kidney disease affects over 35 million adults in the United States, with approximately 90 percent unaware of their condition. Risk factors include diabetes, high blood pressure, heart disease, obesity, and a family history of kidney issues. Populations such as Black or African American and Hispanic or Latino individuals are at significantly higher risk for developing kidney disease.
The National Kidney Foundation is committed to transforming the fight against preventable kidney disease, enhancing patient experiences, and addressing systemic inequities in kidney care and transplantation. For more information and to take action, visit NKF’s website.
