id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-25108	Hills, Annie	Legislative Strategies for Encouraging Organ Donation: Providing Protection and Incentives to Living Organ Donors	2021	28	.pdf	application/pdf	11462	726	56	[Vol. 53:189 has not gone unnoticed by members of Congress.8 Both Democratic and Republican Representatives have proposed legislation to try and increase the number of living donors in the United States; however, these efforts have been unsuccessful.9 The first piece of proposed legislation is the Living Donor Protection Act.10 U.S. Representatives Jerrold Nadler and Jaime Herrera Beutler introduced the Living Donor Protection Act (“LDPA”) to protect the rights of living organ donors.11 The LDPA is a response to the growing disparity between the number of patients in need of transplantation and the availability of transplantable organs.12 The LDPA aims to protect living organ donors and promote organ donation in three easy and economical ways.13 First, the LDPA prohibits insurance companies from denying coverage or increasing premiums of life or disability insurance for living organ donors.14 Second, the LDPA clarifies that organ donation surgery qualifies as a serious health condition under the Family Medical Leave Act (“FMLA”).1 5 Third, it requires the Secretary of Health and Human Services (“HHS”) to update education materials on the benefits of organ donation.16 Nadler and Beutler introduced the LDPA to Congress in 2014, 2016, 2017, and 2019.17 With a similar motive as was behind the Living Donor Protection Act, U.S. Representative Matt Cartwright introduced the Organ Donor Clarification Act (“ODCA”).18 Cartwright’s proposed legislation intends to remove existing barriers that organ donors face under current law and to provide incentives to potential donors in hopes of encouraging more Americans to consider donating.19 The buying and selling of organs is illegal under the National Organ Transplant Act of 1984 (“NOTA”), but Cartwright’s legislation seeks to clarify that certain types of payments and/or reimbursements relating to organ donation would not 8. Id. 2020] LEGISLATIVE STRATEGIES FOR ENCOURAGING ORGAN DONATION 191 violate NOTA.20 Additionally, the ODCA would allow government-run pilot programs to test the effectiveness of providing noncash incentives to promote organ donation.21 Cartwright proposed the legislation in 2016 and 2018, but the bill has never passed committee.22 This Note argues that Congress should enact the LDPA and the ODCA to protect living organ donors, encourage more organ donation, and ultimately help end the organ shortage crisis in America.	cache/inlawrev-25108.pdf	txt/inlawrev-25108.txt