C.R.S. § 25-59-101 Short title
25-59-101. Short title. The short title of this article 59 is the "Comprehensive Assistance, Recognition, and Empowerment (CARE) for Living Organ Donors Act" or "CARE for Living Organ Donors Act".
Living Organ Donation
C.R.S. tit. 25, art. 59
in effectC.R.S. § 25-59-102 Legislative declaration
25-59-102. Legislative declaration. (1) The general assembly finds and declares that:
(a) The extraordinary gift of living organ donation has a transformative impact on a recipient's life, often providing a reprieve from exhaustive medical treatments and significantly improving the quality and length of life of the recipient;
(b) Despite the commendable rise in living organ donations, a critical shortage remains, with countless individuals on transplant waiting lists. This situation can be ameliorated by facilitating the donation process and providing robust support to donors.
(c) Living organ donors willingly accept the personal and medical burdens associated with the organ donation process, including undergoing comprehensive and invasive medical evaluations, facing the inherent risks of surgeries, and enduring the physical and emotional challenges of postoperative recovery;
(d) Living organ donors may be required to make substantial financial sacrifices, including suffering a loss of income during recovery; incurring expenses for travel, accommodations, and child care or elder care during hospitalization or recovery; and facing the potential for long-term financial implications related to medical care;
(e) Notwithstanding the willingness of donors to contribute to the public good, the potential for employment discrimination and retaliation post-donation, including job insecurity, demotions, or unwarranted disciplinary actions, can be a significant deterrent to prospective living organ donors;
(f) There are significant societal benefits to facilitating living organ donation, which not only saves lives but also reduces the overall health-care costs associated with long-term treatments for end-stage organ disease, such as dialysis for kidney failure, that are often more costly and less effective than transplantation;
(g) It is within the power and responsibility of the general assembly to enact measures that alleviate the burdens borne by living organ donors and to ensure that they are not penalized or placed at a disadvantage for their altruistic acts;
(h) By supporting living organ donors, Colorado not only invests in the health and well-being of its citizens but also fosters a culture of generosity and civic responsibility, promoting the welfare of the community at large; and
(i) Colorado's commitment to providing comprehensive support, including employment protections and the removal of financial barriers, in addition to other efforts that recognize a living organ donor's personal and financial sacrifice, empowers more Coloradans to consider the noble act of living organ donation.
(2) The general assembly further finds and declares that the enactment of the "CARE for Living Organ Donors Act" will address the critical needs of living organ donors, provide necessary protections for living organ donors, remove barriers to living organ donation, and honor those individuals who undertake this generous act of living organ donation that ultimately benefits society by increasing the availability of organs for transplantation and affirming Colorado's commitment to the health and dignity of its residents.
C.R.S. § 25-59-103 Definitions
25-59-103. Definitions. As used in this article 59, unless the context otherwise requires:
(1) "Department" means the department of public health and environment.
(2) "Health-care provider" means a hospital or other health facility licensed or certified pursuant to section 25-1.5-103 (1)(a).
(3) "Health-care services related to living organ donation" means an organ donation recovery operation and all services required before and after the operation.
(4) "Living organ donation" means the donation of an organ by a living organ donor.
(5) "Living organ donor" means a living individual who has donated all or part of an organ.
(6) "Major surgery" means a:
(a) Surgical intervention that penetrates or exposes a body cavity;
(b) Procedure that has the potential for inducing permanent anatomic or physiologic impairment; or
(c) Procedure associated with orthopedics or extensive tissue dissection or transection.
(7) "Nondirected living organ donor" means a living organ donor who does not have an intended recipient of the donated organ at the time of the donation.
(8) "Organ" means all or part of a kidney, a lung, the liver, the pancreas, the intestine, or any other organ that requires major surgery to be donated and that, when donated, may lead to a life-saving organ donation, as determined by the department.
(9) "Organ donation recovery operation" means a procedure to recover an organ from a living organ donor.
(10) "Organ voucher program" means a program, as defined by each organization offering a program, that allows a nondirected living organ donor to designate individuals to be voucher holders who will be prioritized for a viable organ transplant from another nondirected living organ donor if the voucher holder is placed on a transplant waiting list and another voucher holder has not already redeemed a voucher.
(11) "Transplant center" means a health-care provider that performs organ donation recovery operations or transplantation of organs recovered from a living organ donor.
C.R.S. § 25-59-104 Organ donation - benefits and recognition - legislative declaration
25-59-104. Organ donation - benefits and recognition - legislative declaration. (1) Living organ donors may benefit from the following:
(a) Pursuant to section 8-2-132, a prohibition against an employer intimidating, threatening, coercing, discriminating, or retaliating against or taking an adverse action against an employee who is or becomes a living organ donor;
(b) Pursuant to section 10-1-142, a prohibition against an insurer denying or limiting coverage or increasing premiums for a policy or contract for life insurance, disability income insurance, health insurance, or long-term care insurance due to the status of the person as a living organ donor;
(c) Pursuant to section 10-16-104 (24), mandatory coverage under individual and group health benefit plans for health-care services related to living organ donation;
(d) Pursuant to section 24-11-118, the establishment of the eleventh day of April each year as "Living Organ Donor Recognition Day";
(e) Pursuant to section 25-59-105, a prohibition against a health-care provider billing or charging a living organ donor for any costs associated with providing health-care services related to living organ donation; and
(f) Pursuant to section 25-59-106, a requirement that a transplant center advise a potential nondirected living organ donor, prior to performing an organ donation recovery operation, that an organ voucher program, as defined by each organization offering a program, may be available for the specific organ.
(2) The general assembly finds and declares that none of the benefits described in subsection (1) of this section are valuable consideration, as defined in 42 U.S.C. sec. 274e, as amended.
C.R.S. § 25-59-105 Costs associated with living organ donation
25-59-105. Costs associated with living organ donation. On and after January 1, 2022, a health-care provider shall not bill or charge a living organ donor for any costs associated with providing health-care services related to living organ donation.
C.R.S. § 25-59-106 Organ transplantation - transplant center - required notice to nondirected living organ donors
25-59-106. Organ transplantation - transplant center - required notice to nondirected living organ donors. (1) Prior to conducting an organ donation recovery operation on a nondirected living organ donor, a transplant center shall advise the potential donor of the following information:
(a) That the transplant center or another transplant center in Colorado has or may have an organ voucher program; and
(b) That a national-level organ voucher program exists or may exist for the organ being donated.
(2) A transplant center shall also provide to all organ donors and organ recipients information about benefits that may be available to organ donors and organ recipients at each transplant center in Colorado, including through partnering organizations and others. The information provided must include, at a minimum, information about available resources, supportive care and services, legal or other protections, and reimbursement for lost wages, travel, lodging, or dependent care. Transplant centers shall update the information provided at least annually.
(3) At least two times prior to an organ donation, the first of which must be within twenty-four hours after a potential organ donor's initial screening, a transplant center shall provide to the potential organ donor the information required pursuant to subsections (1) and (2) of this section.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-25.docxFetched: 10/6/2026