STATE OF THE STATES:

2022 AKF Living Donor Protection Report Card

Living donor laws: Progress made, but more work ahead to protect those giving the gift of life

The 2022 American Kidney Fund (AKF) 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. AKF’s second annual Report Card tracks our progress in achieving much-needed protections for living donors.

Donating a kidney is one of the most altruistic actions a person can take, and being a living organ donor is much easier when laws are in place to protect you, such as guaranteed paid leave from work to recover from surgery and protection from discrimination by life, disability and long-term care insurers. AKF has been leading efforts at the state and federal levels to secure these protections through legislation, and thanks to our groundbreaking Report Card, significant progress has been made in the states. The recent passage of legislation in Delaware, Florida, Georgia, Louisiana, Minnesota, Nebraska, Ohio and Virginia has moved the national grade average from a D to a C. But with more than 106,000 people waiting for an organ transplant—including nearly 92,000 who are waiting for a kidney—it is clear that much more needs to be done. Until federal legislation is enacted to give baseline protections to living donors nationwide, states are operating with a patchwork of living donor protection laws.

Learn how we graded the states.

Together, we can give living organ donors the protections they need, no matter where they live.

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 Family and Medical Leave Act (FMLA) laws
  • More than 60 days of leave via FMLA 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

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Select a state to view statstics

National living donor statistics

106,000 people

are currently on the national transplant waiting list

87% of people

are waiting for a kidney*

* as of March 15, 2022

In 2021, there were 5,971 living organ donations out of 25,490 kidney transplants 

That is about 1 in 5 transplants

In recent years, 28 states enacted legislation spearheaded by AKF to remove barriers and protect living donors

17,000+ 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

The Report Card measures seven types of legislation:

Number of states
Protection from life, disability or long-term care insurance discrimination 28
Job-protected leave from private employers 12
Job-protected leave from public employers 37
Tax credits for employers who provide paid leave 5
Direct reimbursements, tax credits or tax 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
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