Sec. 3. Clarification of certain provisions of the National Organ Transplant Act
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Section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e ) is amended by adding at the end the following: This section 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 subsection 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 human organ donation.
For purposes of this subsection— 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; and the term noncash benefit means any benefit or thing of value received by an organ donor that is impossible to sell, trade, or otherwise transfer to another individual. .
Section 301(c)(2) of the National Organ Transplant Act ( 42 U.S.C. 274e(c)(2) ) is amended to read as follows: The term valuable consideration does not include the following: Reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ. Reimbursement for travel, lodging, food during travel, and other logistical expenses related to donation. Provision of advanced payments or reimbursement for dependent care needs for pre-transplant appointments in addition to during the period of donation and post-transplant follow-up care related to the donation for up to a 10-year period.
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 for up to a 10-year period. Paperwork or legal costs related to donation. Any term life 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, that— in the case of a life insurance policy, provides for payments in amounts less than $2,000,000, adjusted annually for inflation; and in the case of a disability insurance policy, provides for payments equal to or less than the reasonable earnings expectations of the donor. .
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Sec. 3
Clarification of certain provisions of the National Organ Transplant Act
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