What happened?

On June 3, 2024, the Colorado House Bill 24-1132, also known as the Support for Living Organ Donors Act, was signed by Governor Jared Polis.

What are the details?

Key Bites for Employers:

• The Department of Public Health and Environment certifies living organ donors, allowing them to verify their status, which may be required for certain benefits or recognitions.
• Healthcare providers are authorized to make qualified payments to certified living organ donors or individuals who will become certified living organ donors for expenses associated with a living organ donation.
• Transplant centers are required to inform potential donors about the existence of organ voucher programs at least twice before performing an organ donation recovery operation.
• Employers are prohibited from intimidating, threatening, coercing, discriminating, or retaliating against an employee who is or becomes a living organ donor.
• April 11 each year is designated as “Living Organ Donor Recognition Day”.
• The act creates two tax credits: (1) the organ donation qualified payment tax credit and (2) the living organ donor tax credit.
• A distinctive special license plate for living organ donors featuring the statement “Living Organ Donor” has been created.
• The act is designed to protect all living organ donors, regardless of the size of their employer.
• Although it does not specifically require that employers provide organ donation leave, employees who donate an organ should be allowed to use any leave that a similarly situated employee would be entitled to, such as a personal leave of absence.
• While the specific penalties may vary depending on the nature of the violation, they generally include legal consequences such as fines, sanctions, or even cancellation of licenses.

The healthcare industry and insurance providers mandate other requirements, so it is recommended to carefully review the law to see how it will impact your business.

Business Considerations

• Employers may need to educate their employees about these protections and benefits and update their HR policies and employee handbooks accordingly.
• Employers should familiarize themselves with the provisions of the act. They should understand what is required of them and what protections and benefits are provided to living organ donors.
• Employers should update their company policies to reflect the requirements of the act. This includes leave policies, anti-discrimination policies, and any other relevant policies.
• Employers should ensure compliance with all aspects of the law. This includes not only the explicit requirements of the act but also any related laws or regulations.
• Employers should consult with a legal expert or human resources professional when in doubt, to ensure they are correctly interpreting and applying the law.

Source References

• CO HOUSE BILL 24-1132
• CO General Assembly: Support for Living Organ Donors

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