Committee backs bill to bar insurance discrimination against living organ donors

The Senate Insurance Committee voted to report Senate Bill 9-54 to the full Senate with a recommendation that it pass. Counsel explained the bill would amend insurance code to prevent insurers from denying coverage, conditioning coverage on refraining from donation, or otherwise discriminating against a person solely on the basis of being a living organ donor.

John Hoffman (S9), senior director of state policy and advocacy at the American Kidney Fund, testified by Teams in support of the measure. Hoffman said SB 9-54 "prevents life, disability and long-term care insurers from denying coverage or raising premiums solely because someone chose to become a living organ donor," described the measure as bipartisan with no cost to the state, and noted it has been enacted in 35 states. Hoffman provided national context: roughly one in seven adults has kidney disease and more than 90,000 Americans are waiting for a kidney transplant; he said living donor kidneys last longer than deceased-donor kidneys and increase the chance recipients return to work, reducing long-term costs.

Hoffman provided statewide figures: nearly 7,000 living donor kidney transplants occurred nationwide last year, but West Virginia recorded eight living donor kidney transplants in 2024 and five in 2025. He said there are no specific, documented instances of insurer discrimination in West Virginia cited in the testimony but referenced national surveys that reported cases of denial or premium increases for some donors. Committee members asked Hoffman to clarify mortality findings for donors; he explained donors are screened and tend to be healthier than the general population, which complicates direct mortality comparisons.

The committee approved reporting the bill by voice vote and closed the item. The bill’s effective date would be July 1 if enacted.

What happens next: SB 9-54 will be reported to the full Senate for further consideration.