STATE OF THE STATES:
2021 AKF Living Donor Protection Report Card
Where Americans live can affect their ability to give the gift of life
Donating a kidney is one of the most altruistic actions a person can take, and being a living donor is much easier when you have guaranteed paid leave from work and protection from insurance discrimination. The American Kidney Fund (AKF) has been working at the state and federal levels to get such legislation passed. Until federal legislation passes that would give baseline protections to donors nationwide, states are operating with a patchwork of living donor protection laws. AKF's State of the States: 2021 Living Donor Protection Report Card evaluates each state and the District of Columbia on how well their existing laws encourage living organ donation and reduce barriers for living donors. This first annual Report Card will track our progress in achieving much-needed protections for living donors. Learn how we graded the states.
2021 Updates
- Maryland increases the amount of tax credits living organ donors can claim for unreimbursed expenses from $7,500 to $10,000, and expands the definition of qualified expenses to include childcare, eldercare and medication costs. (June 2021)
- Texas now a C state after passing passing anti-insurance discrimination laws that prevent life, disability, and long-term care insurers from discriminating against donors. (May 2021)
- New Jersey now a D state after passing anti-insurance discrimination laws that prevent life, disability, and long-term care insurers from discriminating against donors. (May 2021)
- Washington now a C state after passing anti-insurance discrimination laws that prevent life, disability, and long-term care insurers from discriminating against donors. (May 2021)
- Pennsylvania now a C state after passing HB 203 that prevents insurance discrimination against living donors and provides job-protected leave under FMLA. (April 2021)
- Kentucky passes Living Donor Protection Act of 2021, now C state (March 2021)
Together, we can give living organ donors the protections they need, no matter where they live.
Select a state to view statstics
National Living Donor Statistics
The Report Card measures seven types of legislation:
| Number of States | |
|---|---|
| Anti-insurance discrimination for life, disability or long-term care insurance | 19 |
| Job-protected leave from private employers | 12 |
| Job-protected leave from public employers | 37 |
| Tax credits for employers who provide paid leave | 5 |
| Tax credits or deductions for donor expenses | 20 |
| Paid leave via Family and Medical Leave Act (FMLA) laws | 2 |
| More than 60 days of leave via FMLA laws | 2 |