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Milestone for Living Donors: Act Progresses to Senate Committee

On February 19, 2026, the National Kidney Foundation (NKF) announced a significant breakthrough in the advocacy for the Living Donor Protection Act (LDPA), which has been slated for markup by the Senate Health, Education, Labor, and Pensions (HELP) Committee. This represents the furthest advancement for the legislation since its introduction, signifying the ongoing efforts of living donors, transplant recipients, and their advocates nationwide.

The LDPA aims to tackle the pressing issue of the national organ shortage by eliminating barriers faced by living donors. Not only does the act prohibit discrimination from life, long-term care, and disability insurers against individuals who have donated organs or tissues, but it also reinforces that recovery time for donors is covered under the Family and Medical Leave Act (FMLA). This provision ensures that donors do not have to compromise their job security for the noble act of saving a life.

Currently, over 90,000 Americans are awaiting kidney transplants, highlighting the urgent need for solutions that promote living donation. Living organ donation is considered the optimal treatment method, offering superior outcomes and prolonged survival rates for kidney grafts. Nevertheless, many willing donors often hesitate due to concerns about insurance coverage and job protection.

Kevin Longino, CEO of the National Kidney Foundation and a kidney transplant recipient himself, expressed the importance of this act: "For years, living donors and transplant recipients have shared their stories and urged Congress to commit to action. The markup of the Living Donor Protection Act is a significant acknowledgment of that dedication. Living donors should never face discrimination or financial anxiety due to their altruism. This moment is a step closer to guaranteeing that living donors receive the support and protection they deserve across the nation."

The LDPA has gained strong bipartisan support over several congressional sessions, with the National Kidney Foundation and various proponents from the kidney and transplant sectors leading the charge. The scheduled markup allows congressional members to formally assess, amend, and potentially advance the bill to the complete Senate for adoption.

The pending legislation, known as LDPA of 2025 (S. 1552), is set for markup on February 26, 2026. A companion bill (H.R. 4582 and H.R. 4583) is also under consideration in the House of Representatives. The NKF is committed to collaborating with bipartisan leaders in both chambers to propel the Living Donor Protection Act toward a full Senate vote and eventual adoption during this congressional session.

The Essence of the Living Donor Protection Act

The Living Donor Protection Act seeks to safeguard living organ donors against discrimination in securing life, disability, and long-term care insurance, while ensuring recognition under the FMLA for their recovery period. Ashamedly, over 30 states have already enacted similar protections owing to the NKF's efforts over the past decade. The organization is optimistic about the increasing endorsement within the transplant and patient communities for the strategic approach of dividing the legislation into two components to ease its passage.

Understanding Kidney Disease in America

Kidney disease, identified as chronic kidney disease (CKD), affects more than 35 million adult Americans, with approximately 90% unaware of their condition. An alarming statistic reveals that about 1 in 3 adults are at risk for CKD, influenced by health factors such as diabetes, high blood pressure, heart disease, obesity, and familial history. Individuals from Black or African American, Hispanic or Latino, American Indian or Alaska Native, Asian American, or Native Hawaiian backgrounds are disproportionately susceptible to kidney disease. Black or African American individuals are about four times more likely to experience kidney failure compared to White individuals, while Hispanics are at double the likelihood.

About the National Kidney Foundation

The National Kidney Foundation is at the forefront of fighting to save lives by eradicating preventable kidney disease, enhancing patient dignity in care, and addressing systemic inequalities in kidney treatment, dialysis, and transplantation. For additional information, including how to engage with this critical advocacy, please visit www.kidney.org.