Sec. 3. Clarification of certain provisions of the National Organ Transplant Act
716 words·~3 min read·
/bill/118/hr/4343/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Advanced payments or reimbursement for travel, lodging, food during travel, and other logistical expenses related to donation. Advanced payments or reimbursement for dependent care expenses related to donation before, during, or after the donation, but not later than the date that is 10 years after the date of the donation.
Advanced payments or 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. .
Section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e ) is amended by adding at the end the following: The Secretary may approve covered pilot programs for purposes of applying the exception in paragraph (2). Subsection
(a)does not prohibit— acquisition, receipt, or transfer of any noncash benefit provided pursuant to a covered pilot program; or other actions taken to carry out a covered pilot program. In this subsection: The term covered pilot program means a pilot program that— is conducted by the Federal Government or any State, territory, Tribe, or local government; is approved by the Secretary under paragraph (1); is subject to an ethical review board process; has a term of not more than 5 fiscal years; is for the purpose of providing, or allowing the provision of, noncash benefits for organ donation and organ donors, and measuring the effects of providing such noncash benefits; measures the effects of providing such noncash benefits; and allows for the determination of the recipient of an organ donated pursuant to the covered pilot program— in the case of organs from deceased donors, only by the Organ Procurement and Transplantation Network; and in the case of nondirected organs from living donors, only by a transplant center that is a member of, and abides by the rules and requirements of, the Organ Procurement and Transplantation Network established pursuant to section 372 of the Public Health Service Act. 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. Not later than three years after the Secretary first approves a covered pilot program, and every three years thereafter until there is no longer a covered pilot program in operation, the Secretary shall submit a report to the Congress on— the impact of covered pilot programs on the organ pool; the demographics of the donors participating in covered pilot programs; the demographics of the recipients of organs donated by participants in covered pilot programs; the effectiveness, fairness, and equitableness of the distribution of nondirected living donor organs that are donated by participants in covered pilot programs; and recommendations to Congress on— improving covered pilot programs; and expanding the use of noncash benefits to incentivize organ donation. . Subsection
(d)of section 377 of the Public Health Service Act ( 42 U.S.C. 274f(d) ) is amended to read as follows: An award may be made under subsection
(a)only if the applicant involved agrees that the award will not be expended to pay the qualifying expenses of a donating individual to the extent that— payment has been made, or can reasonably be expected to be made, with respect to such expenses— under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or by an entity that provides health services on a prepaid basis; or the recipient of the organ has made payment, or had agreed to make payment, with respect to such expenses. .
Connectionstraces to 2
Citation graph
cites case law
Sec. 3
Clarification of certain provisions of the National Organ Transplant Act
Cites 2Cited by 0 across 0 sources