Oregon Gets an “A” for Living Donor Protections, Washington Gets a “C”

The Northwest Kidney Council (NWKC) congratulates Oregon on earning an “A” for living donor protections awarded by the American Kidney Fund (AKF). Only six states nationwide earned an “A” to include Arkansas, Connecticut, Illinois, Maine, New Jersey and Oregon. AKF awarded an “A” to states that have enacted at least five of seven policy protections for living donors.

Oregon’s “A” was based on protecting living donors in five ways:

• Protection from life, disability or long-term care insurance discrimination

• Job-protected leave from private employers

• Job-protected leave from public employers

• Paid leave via family and medical leave in state law or regulation

• More than 60 days of leave via family and medical leave state laws

By contrast, Washington earned a “C” because it only protects living donors in two ways:

• Protection from life, disability or long-term care insurance discrimination

• Job-protected leave from public employers

Even with Washington’s lower grade, it has a higher percentage of kidney transplants than Oregon, both deceased and living donor.

The AKF states that more than 815,000 Americans are living with kidney failure, and nearly 555,000 Americans are on dialysis. Between 2012 and 2022, the annual count of those on dialysis who received a kidney transplant increased by 52%. Most of this increase was attributable to deceased donor transplants, according to the U.S. Renal Data System.

Clearly the transplant gap—the distance between those who need transplants and those who receive them—can’t be filled by deceased donors alone. Living donations are key to closing the gap. As AKF says: “Donating a kidney is one of the most altruistic actions a person can take, and being a living donor is much easier when you have guaranteed paid leave from work and protection from insurance discrimination.”

As AKF wrote in its March 12, 2025, press release: “In the absence of federal legislation to protect living organ donors, there is an uneven patchwork of protections that varies by state, and some states have no protections at all. More progress is desperately needed for every state to receive an A grade, providing equal access to kidney transplants for all. To help get there, AKF is focusing on states across the country with D and F grades. AKF is working to pass living donor protections in these states and looking at paid and unpaid leave bills in states that have passed living donor protections.”

NWKC will continue to focus on these important issues, as well as partner with other kidney advocacy groups to assure that living donors receive appropriate protections.