American Kidney Fund Commends Florida for Enacting Protections for Living Organ Donors

ROCKVILLE, Md. (April 7, 2022)  — The American Kidney Fund (AKF) applauds the State of Florida for enacting important protections for living organ donors. Gov. Ron DeSantis has signed H.B. 1099, which prohibits life, disability and long-term care insurers from discriminating against living organ donors by denying them coverage or charging them higher premiums solely due to their status as an organ donor.

AKF is grateful to Representatives Christopher Latvala (R-67), Webster Barnaby (R-27) and David Smith (R-28) for introducing the bill in the Florida Legislature and thanks them for their commitment to encouraging living organ donation.

"Donating an organ is one of the most altruistic acts a person can take. Living organ donors should never have to be concerned about being charged more for, or losing, their life, disability or long-term care insurance as a result of their selfless gift," said LaVarne A. Burton, AKF President and CEO. "By prohibiting discriminatory insurance practices against living organ donors, H.B. 1099 removes barriers to living organ donation and makes more transplants possible. This legislation will increase the number of kidneys and other organs available for the thousands of Floridians awaiting transplantation."

AKF is leading the effort to enact protections for living organ donors in states across the country. In passing H.B. 1099, Florida becomes the 21st state to enact living donor protections in recent years, thanks to AKF's efforts.

AKF's State of the States: Living Donor Protection Report Card measures seven types of legislation states should enact to provide protections for living organ donors and encourage living donations. In the absence of federal legislation to protect living donors, there is an uneven patchwork of protections across the nation, with some states providing no protections at all. H.B. 1099 is the first living donor protection law enacted in Florida, and it moves the state's Report Card grade up from an F to a D. The overall grade average for the United States is a D.

Most transplanted organs come from deceased donors, but patients may also receive organs from living donors. Living donation offers an alternative for individuals awaiting transplantation from a deceased donor and increases the existing organ supply. Transplants from living donors generally present fewer complications than deceased donor transplants and living donor organs typically survive longer than deceased donor organs.

There are more than 106,000 Americans on the organ transplant waiting list and 92,000 of them, or 87%, are waiting for a kidney. In Florida, 4,124 people are currently on the kidney transplant waiting list. Of the 25,490 kidney transplants performed in the U.S. in 2021, about 1 in 5 – 5,971 — were made possible by living organ donors. In Florida, 227 of 1,560 kidney transplants performed in 2021 were from living donors. AKF is hopeful that the protections in H.B. 2099 will make it possible for a greater number of Floridians to become living donors.

AKF provides long-term financial assistance that makes transplants and post-transplant care possible for low-income dialysis patients. In 2021, AKF grants helped 1,889 people nationwide receive kidney transplants — 7% of all kidney transplants performed in the United States last year. AKF's program helps post-transplant patients for their full insurance plan year, ensuring continuity of care.