STATE OF THE STATES:

2025 AKF Living Donor Protection Report Card

Living Donor Laws

We all deserve the best kidney care, no matter where we live or the color of our skin. 

Kidney transplant is the best treatment currently available for kidney failure. However, due to the shortage of donor organs, many people with kidney failure must wait years for a transplant from a deceased donor. This means that many on the waiting list will get too sick to receive a transplant or die before they get the call that a kidney is available. Encouraging people to make an informed choice to become a living donor will help to increase the overall supply of kidneys for all people with kidney failure who want transplants. One way to encourage people to become living donors is through advancing legislation that removes roadblocks. 

Since 2021, the American Kidney Fund (AKF) has graded each of the 50 states and the District of Columbia on how well their laws encourage living organ donation and reduce barriers for living donors. 

Increasing living donor protections has been a key part of AKF’s policy agenda, and our fifth annual Living Donor Protection Report Card shows progress made since 2021. Within the last year, Michigan passed a law providing a one-time tax credit for reimbursable expenses associated with transplant surgery and Mississippi, New Hampshire and South Carolina all passed laws that provide protection for living organ donors. A total of 35 states have laws in place protecting living donors from insurance discrimination. Since AKF’s Living Donor Protection Report Card was released, 24 states have enacted laws that support living organ donors, such as those that provide tax credits, paid leave or protect against discrimination by insurers.

In 2025, AKF will continue to work with our nationwide Ambassador network to urge states to pass more laws that will encourage and support people to become living donors. On the federal side, we are calling on the new Congress to introduce the Living Donor Protection Act in both the U.S. House of Representatives and Senate. This federal legislation would provide baseline protections nationwide, ensuring that living organ donors have Family and Medical Leave Act and anti-discrimination protections. Passage of such legislation would mean that the lowest Report Card grade any state could receive would be a C.

Read more from our President and CEO. 

Read our press release here.

2025 U.S. Map of Living Donor Protection

Click on your state to learn more.

received based on how laws encourage living organ donation and reduce barriers for living donors.
grades-key
  • Protection from life, disability or long-term care insurance discrimination
  • Job-protected leave from private employers
  • Job-protected leave from public employers
  • Tax credits for employers who provide paid leave
  • Direct reimbursements, tax credits or tax deductions for donor expenses
  • Paid leave via state family and medical leave laws/regulations
  • More than 60 days of leave via paid leave via state family and medical leave laws

Text KIDNEY to 52886 or visit KidneyFund.org/act to get involved in legislative efforts in your state. Visit KidneyFund.org/ldpa to ask your members of Congress to support the federal Living Donor Protection Act

Take action

National Living Donor Statistics

Over 104,000 people

are currently on the national transplant waiting list

89% of people are waiting for a kidney*

*As of March 7, 2025

In 2024, there were 6,418 living donor kidney transplants out of 28,492 kidney transplants

That is 1 in 4 transplants

Since the first report card, 25 states enacted legislation spearheaded by AKF to remove barriers and protect living donors. In 2024, four states enacted such legislation.

More than 36,000 AKF Ambassadors are working to advocate for living donor protections and other types of legislation at the state and federal levels to improve the lives of people with kidney disease.

AKF’s Living Donor Protection Report Card at a Glance

Recent Legislative Updates

As more common-sense laws are passed this year, check back to see what updates have been made.

Select a state to view statistics

The Report Card measures seven types of legislation*

Number of states
Protection from life, disability or long-term care insurance discrimination 35
Job-protected leave from private employers 13
Job-protected leave from public employers 39
Tax credits for employers who provide paid leave 7
Direct reimbursements, tax credits or tax deductions for donor expenses 23
Paid leave via state family and medical leave laws/regulations 6
More than 60 days of leave via paid leave via state family and medical leave laws 3

*Where applicable, state regulations are also considered

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