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HB 5242

State Living Donor Protection Act

2026 Regular Session Introduced by Sean Hornbuckle

West Virginia protects living organ donors from discrimination and financial hardship by requiring employer protections and establishing state-funded support for medical costs and lost wages.

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Bill Summary · HB 5242

Legislative bill overview

HB 5242, the State Living Donor Protection Act, establishes legal protections and support mechanisms for individuals who donate organs, tissues, or bone marrow while living. The bill appears designed to address potential discrimination, financial hardship, or employment consequences that living donors may face after making their donation.

Why is this important

Living organ donation saves lives and reduces wait times for transplant recipients, but donors often face uninsured medical costs, lost wages during recovery, and potential employment discrimination. Without statutory protections, donors may be hesitant to participate in this life-saving practice, ultimately reducing available organs for patients in need.

Potential points of contention

  • Cost and funding: Provisions covering donor expenses (medical care, travel, lost wages) require state funding; unclear how these costs would be financed and whether they would strain state budgets
  • Insurance and liability scope: Determining which complications are donation-related versus pre-existing conditions, and how liability is distributed between hospitals, insurers, and the state
  • Employment protection limits: Defining what constitutes illegal discrimination while balancing employer concerns about productivity, insurance costs, and workplace disruption during recovery periods

Compiled from official sources — confirm details with the bill’s official record.

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