[Congressional Record Volume 148, Number 112 (Monday, September 9, 2002)]
[Senate]
[Page S8386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Mr. Durbin):
  S. 2913. A bill to amend the Employee Retirement Income Security Act 
of 1974, the Public Health Service Act, and the Internal Revenue Code 
of 1986 to provide health insurance protections for individuals who are 
living organ donors; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. DeWINE. Madam President, I rise today to raise the awareness of 
an issue that affects over 22,000 people a year, and that issue is 
organ donation. The sad fact about organ donations is this: We have the 
medical know-how to save lives, but we lack the organs. We lack organs 
because most Americans simply are unaware of the life-giving difference 
they can make by choosing to become organ donors.
  Sadly, each day the waiting list for those needing organs continues 
to grow. Today, nearly 79,000 people remain on the national transplant 
waiting list. Right now, more than 50,000 people, alone, are waiting 
for kidney transplants. That number is expected to double within the 
next decade. Additionally, between 12 and 16 people die each day just 
waiting for an available organ.
  To remedy the organ shortage, we must increase public awareness. By 
educating the public and raising awareness, more people will choose to 
become organ donors. At the very least, through these efforts, we can 
encourage more families to discuss what their wishes are and whether 
they would want to be organ donors.
  But our efforts must not stop there. We must do more than just 
implement public awareness campaigns, because the face of organ 
donation is changing. For the first time ever, the number of living 
organ donors outnumbered cadaver donors. Last year, there were 6,081 
donor cadavers while 6,485 people opted to become living donors, 
usually giving up a healthy kidney to help a family member or friend.
  Recognizing this, my colleague, Senator Durbin, and I introduce a 
bill today that would help protect living organ donors in the group 
insurance market. Our bill would ensure that those individuals who 
choose to be living organ donors are not discriminated against in the 
insurance marketplace. Our bill builds on the protections provided by 
the Health Insurance Portability and Accountability Act, so that living 
organ donors are not denied insurance nor are they applied 
discriminatory insurance premiums because of their living organ donor 
status.
  Quite simply, a brother who donates a part of his kidney to his 
sister should not be denied health insurance. But tragically, that is 
what oftentimes happens. Frequently, individuals who are living organ 
donors are denied health insurance or restricted from the insurance 
market. Instead, we should celebrate living organ donors and remove 
obstacles and barriers for the successful donation of organs. Insurance 
shouldn't undermine someone's decision to be a living organ donor.
  Some States are evaluating how living organ donors affect the market. 
States are amending their Family Medical Leave eligibility so that 
living organ donors can participate and benefit from the program. The 
Federal Government, with the Organ Donor Leave Act of 1999, offered 30 
days paid leave to Federal employees who chose to be an organ donor. 
But, paid leave and job protection doesn't mean much if people are 
denied health insurance or are required to pay higher premiums because 
they donated an organ to save another person's life.
  The impact of living organ donation is profound. A living organ donor 
not only can save the life of one patient, but can also take that 
person off the waiting list for a cadaver donation. That means the next 
person on the waiting list is ``bumped up'' a spot--giving additional 
hope to the 79,000 persons on the national transplant waiting list.
  Living organ donors give family members and friends a second chance 
at life and the opportunity to reduce the number of people on the 
waiting list to receive an organ. It is time for Congress to make a 
sensible decision in support of a person's decision to be a living 
organ donor. I encourage my colleagues to join me in co-sponsoring this 
bill.
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