Insurers, public employers, and private employers would follow organ-donation rules

Insurers may not treat a person's living organ-donor status as the sole reason to deny, limit, cancel, price, or otherwise change covered insurance. This applies to life, disability, and long-term care insurance and to people who donate all or part of an organ while alive. The restriction applies when the donor status creates no additional actuarial risk, meaning no added insurance risk shown by the insurer. An insurer also may not require a person to stop being a living donor to renew a policy. This provision is stated to take effect October 1, 2026.

State, county, municipal, and certain other public employers may grant paid leave for an employee's organ or bone marrow donation. Eligible workers generally need at least one year of service; the rules cover state employees, county and municipal employees, and certain state-funded public employees not covered by the other sections. Workers must submit a written leave request and medical verification, receive a supervisor or appointing-authority recommendation, and obtain the required final approval. The leave may last up to 30 days for an organ donation or seven days for a bone marrow donation. The leave is separate from other leave and does not use the worker's accrued leave. Employers may not retaliate against covered county, municipal, or other public employees for requesting or using it. This provision is stated to take effect October 1, 2026.

A private employer may claim a state income tax credit for paying an employee during qualifying organ-donation leave. The credit covers private employers with a written policy giving eligible W-2 employees at least 15 days of paid organ-donation leave without cutting pay or other listed leave. The employee must authorize disclosure of medical documentation verifying the donation, consistent with HIPAA. The credit equals 25 percent of the worker's gross pay for up to 30 days of leave, with a maximum of $2,000 per employer per tax year. An unused credit may carry forward for up to three succeeding years, but the credit may not be sold or transferred. The Department of Revenue must create rules, forms, and worksheets. If medical staff later determine that the employee does not qualify as an organ donor, the credit is limited to pay from the start of leave through that determination. The credit applies to tax years beginning January 1, 2027, through December 31, 2031; Section 5 is stated to take effect January 1, 2027.