House Bill 361 Alabama 2026 Session

Summary

Primary Sponsor

Anthony DanielsRepresentative

Democrat

Session

2026 Regular Session

Title

Living organ donors; to prohibit discrimination in obtaining insurance coverage, provide paid medical leave for public employees who donate organs and a tax credit to private sector employers that provide similar paid leave to their employees

Summary

HB361 would protect living organ donors from insurance discrimination, require paid organ-donation leave for Alabama public employees, and offer a tax credit to private employers that provide similar leave.

What This Bill Does

Insurers may not discriminate against living organ donors in disability, life, or long-term care coverage and may not deny, limit, or price coverage based solely on donor status. Public employers would be required to grant paid organ-donation leave to eligible employees, up to 80 work hours, with physician verification and protection from retaliation; the leave is a separate benefit and would not reduce other leave. The bill also creates a private-sector tax credit for employers that provide paid organ-donation leave, equal to 25% of wages paid during the leave (up to 120 hours/30 days) with a $2,000 annual cap, available for tax years 2027–2031, subject to policy, HIPAA compliance, and Department of Revenue regulations.

Who It Affects

• Living organ donors (and individuals considering donation) would be protected from insurer discrimination in disability, life, and long-term care coverage.
• Public sector employees and private sector employers (and their employees) would be affected by the paid organ-donation leave requirements for public employees and the related private‑sector tax credit for employers providing similar leave.

Key Provisions

• Insurers may not deny, limit, or price disability, life, or long-term care coverage based solely on an individual's status as a living organ donor, nor require donation as a condition for renewal.
• Public employers must grant paid organ-donation leave to eligible employees, up to 80 work hours, with physician verification; leave is a separate category and cannot be used to retaliate against employees.
• Private employers may receive a state income tax credit for providing paid organ-donation leave, equal to 25% of wages paid during the leave (up to 120 hours or 30 days), with a $2,000 annual cap, for tax years 2027–2031; policy requirements include no pay reduction and HIPAA-compliant documentation.
• Department of Revenue will issue rules/forms to implement the credit; the act becomes effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Discrimination & Civil Protections