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Protect Tax-Advantaged Accts. & Living Donors

EngrossedSenate
Dana JonesRepublican

Ref To Com On Rules and Operations of the Senate2025-06-26

110 Yea0 Nay2025-06-25

This bill creates three protections: (1) shields funds in education savings accounts (529 plans) and ABLE accounts from creditor claims and legal judgments, (2) prohibits insurance companies from discriminating against or charging more to living organ donors, and (3) provides up to 30 days of paid leave for state employees who donate organs and 7 days for bone marrow donation.

  • Supporters argue this bill encourages living organ donation by removing financial barriers and protecting donors from insurance penalties, potentially increasing the organ supply for transplant patients.
  • They contend that shielding education and disability savings accounts from creditor claims protects families' long-term financial planning for children's education and people with disabilities, while still allowing seizure of fraudulently obtained funds.
  • Opponents may worry that broad creditor protections on tax-advantaged accounts could enable debtors to shield assets from legitimate creditors, and that determining whether funds were used for 'qualifying purposes' may create litigation.
  • Some may question the fiscal cost of paid organ donation leave for state employees and whether insurance non-discrimination rules could affect insurance underwriting or premium calculations.

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