State Resources

Voices for Kidney Health advocates and National Kidney Foundation staff work together to pass legislation that would benefit the kidney community in state capitols across the country.

 

2022 LDPA bill signing in Minnesota

State Advocacy Success Stories

"I Advocate Because We Can Lower the Cost of Kidney Disease."

Minnesota-based advocate Jen Anderson shares why passing a Living Donor Protection Act in her home state was so meaningful to her.

"I Couldn't Imagine the Stress."

After donating a kidney, Kentucky-based advocate Beth Burbridge knew she had to get more involved.

"I Think Every Advocate Should Strive for That"

Oklahoma-based advocate Gene Blankenship didn't let dialysis keep him from fostering productive relationships with his lawmakers.

State Policies

Living Donor Protection Act (LDPA)

The Living Donor Protection Act prevents insurance companies from denying, limiting, or charging higher premiums for coverage solely based on someone’s status as a living donor. A Johns Hopkins study found that 1 in 4 living donors experienced this kind of discrimination when trying to obtain or change coverage. Living donors should never encounter discrimination after their selfless act of donating an organ. Their courageous and generous act of organ donation should be met with appreciation and support, not higher premiums and challenges obtaining coverage.

Paid Leave

Paid leave for living organ donors helps an employer provide compensated time off for individuals who donate an organ. This type of policy is aimed at supporting and encouraging organ donation to save lives and improve the health of those in need of an organ transplant. States create their own policies that determine the length of time and compensation for an employee considering living donation. There is also variation in policies between state entities and private employers.

Employer Tax Incentives

Employer tax incentives offer a compelling way to motivate employers to provide paid time off for employees engaging in organ donation. By implementing such incentives, employers are encouraged to support and facilitate this altruistic act, contributing to the well-being of their employees and fostering a culture of organ donation awareness and support in the workplace.

Chronic Kidney Disease (CKD) Task Force

As CKD rates increase, it is imperative that states establish a CKD Task Force to address the importance of early detection, diagnosis, and timely treatment of kidney disease. These task forces coordinate the implementation of a statewide plan for prevention, early screening, diagnosis, and management of chronic kidney disease, as well as education of the public and healthcare professionals. A broad, diverse group of public and private stakeholders foster a stronger approach in addressing key issues facing the kidney community.

Find out if your state has a tax deduction or tax credits for organ donation.

Tax credits or deductions are essential to encouraging organ donation by removing financial barriers. Tax credits or deductions provide financial assistants to individuals who donate organs by allowing them to utilize a credit or deduction to cover the cost of unexpected costs associated with living organ donation. By reducing the financial burden on donors, more people will be motivated to donate organs, thus increasing the overall pool of available organs for transplantation.

Tax Implications FAQs

What is a Tax Deduction?

A tax deduction reduces your taxable income, which in turn reduces the amount of your income that is subject to taxation. In other words, it lowers the portion of your income that is used to calculate how much you owe in taxes. Deductions are typically based on eligible expenses or contributions you've made during the tax year. For example, if you have a gross income of $50,000 and you qualify for a $5,000 tax deduction, your taxable income becomes $45,000. This means you'll be taxed $45,000 instead of $50,000, which can lead to a lower overall tax bill.

What is a Tax Credit?

A tax credit is a direct reduction of the amount of taxes you owe. It's a dollar-for-dollar reduction in your tax liability. Tax credits are often tied to specific actions or circumstances, such as having children, pursuing education, or investing in renewable energy. For instance, if you owe $10,000 in taxes and you're eligible for a $2,000 tax credit, your tax liability will be reduced to $8,000 after applying the credit. In the United States, certain expenses related to organ donation can be tax-deductible, but the rules and qualifications are state specific.

What is an Unreimbursed Expense?

The expenses you're claiming must be unreimbursed. In other words, you must have paid for these expenses out of your own pocket, and they shouldn't have been covered by insurance or any other reimbursement. Unreimbursed expenses are specific to the legislation your state has passed. Examples of unreimbursed expenses are child care, lodging, food, or other out of pocket expenses paid for by the living donor.

How Do I Know What is Deductible?

The expenses you're deducting must be directly related to the organ donation process and considered medically necessary. This could include costs like transportation, lodging, and meals for you and a companion, if required for the donation process.

How Do I Document My Expenses?

If you meet the criteria for a deduction or credit, it's essential to keep thorough records of all expenses related to the organ donation. This includes receipts, invoices, and any documentation that verifies the expenses you're claiming. Proper documentation is crucial. Please reach out to nkfadvocacy@kidney.org if you have any questions.

Recent Advocacy News

As more states pass the Living Donor Protection Act, which protects living donors from insurance discrimination, the situation of kidney patients in North Carolina is becoming more dire. 

When the Nevada state legislature unanimously passed Living Donor Protection Act (LDPA) legislation in early May, Nevada-based advocate June Monroe had multiple reasons to celebrate.

Woman smiling and posing for picture

After living with unmedicated bipolar disorder, Shannon Glynn was thrilled when a doctor prescribed medication to improve her quality of life. But there was a catch.

Undocumented Dialysis Coverage FAQs

Where Does NKF Stand on this Issue?

NKF is committed to ensuring access to care for patients with end-stage renal disease (ESRD) regardless of immigration status. This is a complex issue that varies significantly from state to state. In the United States, emergency medical treatment is generally provided to individuals regardless of their immigration status. However, access to ongoing, non-emergency medical care for undocumented individuals is variable. The Emergency Medical Treatment and Labor Act (EMTALA) requires that hospitals with emergency departments provide necessary stabilizing treatment to individuals, regardless of their ability to pay or immigration status. ESRD patients might be eligible for emergency Medicaid, which covers emergency medical conditions, but the coverage for ongoing maintenance dialysis can be limited.

Can Anyone Access Dialysis Services?

Hospital policies regarding the provision of non-emergency care to undocumented patients can vary. Some hospitals might provide care on a humanitarian basis, while others might have more restrictive policies due to financial considerations or legal interpretations.

Some states and localities have established programs or policies to ensure access to essential healthcare services, including dialysis, for undocumented individuals. These programs can vary widely.

Do Nonprofits or Charities Provide Care?

Some charitable and nonprofit organizations might provide assistance to individuals who need medical treatment but lack proper documentation. These organizations might help coordinate care, provide financial assistance, or connect patients with available resources.

Can a Community Health Center Provide Care?

Community health centers and clinics often prioritize providing care to underserved populations, which could include undocumented individuals. These centers might have more lenient policies regarding providing medical care to individuals without documentation.