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Code · BILL · 114th Congress · H.R. 5344 (Introduced in House) — To clarify that pilot programs that honor and reward organ donation are not preempted by Federal criminal law and tha... · Sec. 3

Sec. 3. Clarification of certain provisions of the National Organ Transplant Act

350 words·~2 min read·/bill/114/hr/5344/ih/section-3

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Section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e ) shall not— apply to actions taken by the Government of the United States or any State, territory, tribe, or local government of the United States to carry out a covered pilot program; or prohibit acceptance of any noncash benefits provided by the pilot program under subparagraph (A). Nothing in this section shall be construed to prohibit actions, other than actions described in this section, taken by any State, territory, tribe, or unit of local government in the United States to provide benefits for organ donation, including pursuant to section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e ).
For purposes of the National Organ Transplant Act, valuable consideration does not include the following: Reimbursement for travel, lodging, food during travel, and other expenses related to donation. Provision of or reimbursement for dependent care needs related to donation. Reimbursement for lost wages related to donation. Medical expenses related to donation and all related follow up care including preventative follow up care and medication. Paperwork or legal costs related to donation.
Any insurance policy against the risk of death or disability as a result of donating an organ or the longer-term health effects of having donated an organ. In this section: The term organ means the human kidney, liver, heart, lung, pancreas, bone marrow obtained by aspirate, cornea, eye, bone and other musculoskeletal tissue, skin, and heart valves and other cardio and vascular tissue. The term covered pilot program means a pilot program approved by the Secretary of Health and Human Services, subject to an ethical review board process, with a term of not more than 5 fiscal years, for the purpose of measuring the effect of removing disincentives or providing a noncash benefit that may increase the organ pool.
Distributions of organs from deceased donors under the pilot program shall be conducted only through the Organ Procurement and Transplantation Network at a transplant center approved by the United Network for Organ Sharing or any other entity designated by the Secretary of Health and Human Services.
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Sec. 3
Clarification of certain provisions of the National Organ Transplant Act
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