
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-505 Section 701(c)]
[Document affected by Public Law 106-554 Section 1(a)(1)[219(b)]]
[Document affected by Public Law 106-310 Section 2101(b)]
[Document affected by Public Law 106-505 Section 701(b)]
[Document affected by Public Law 106-554 Section 1(a)(1)[219(a)]]
[CITE: 42USC273]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                        Part H--Organ Transplants
 
Sec. 273. Organ procurement organizations


(a) Grant authority of Secretary

    (1) The Secretary may make grants for the planning of qualified 
organ procurement organizations described in subsection (b) of this 
section.
    (2) The Secretary may make grants for the establishment, initial 
operation, consolidation, and expansion of qualified organ procurement 
organizations described in subsection (b) of this section.
    (3) The Secretary may make grants to, and enter into contracts with, 
qualified organ procurement organizations described in subsection (b) of 
this section and other nonprofit private entities for the purpose of 
carrying out special projects designed to increase the number of organ 
donors.

(b) Qualified organizations

    (1) A qualified organ procurement organization for which grants may 
be made under subsection (a) of this section is an organization which, 
as determined by the Secretary, will carry out the functions described 
in paragraph (2) \1\ and--
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    \1\ See References in Text note below.
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        (A) is a nonprofit entity,
        (B) has accounting and other fiscal procedures (as specified by 
    the Secretary) necessary to assure the fiscal stability of the 
    organization,
        (C) has an agreement with the Secretary to be reimbursed under 
    title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] for 
    the procurement of kidneys,
        (D) has procedures to obtain payment for non-renal organs 
    provided to transplant centers,
        (E) has a defined service area that is of sufficient size to 
    assure maximum effectiveness in the procurement and equitable 
    distribution of organs, and that either includes an entire 
    metropolitan statistical area (as specified by the Director of the 
    Office of Management and Budget) or does not include any part of the 
    area,
        (F) has a director and such other staff, including the organ 
    donation coordinators and organ procurement specialists necessary to 
    effectively obtain organs from donors in its service area, and
        (G) has a board of directors or an advisory board which--
            (i) is composed of--
                (I) members who represent hospital administrators, 
            intensive care or emergency room personnel, tissue banks, 
            and voluntary health associations in its service area,
                (II) members who represent the public residing in such 
            area,
                (III) a physician with knowledge, experience, or skill 
            in the field of histocompatability \2\ or an individual with 
            a doctorate degree in a biological science with knowledge, 
            experience, or skill in the field of histocompatibility,
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    \2\ So in original. Probably should be ``histocompatibility''.
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                (IV) a physician with knowledge or skill in the field of 
            neurology, and
                (V) from each transplant center in its service area 
            which has arrangements described in paragraph (2)(G) \1\ 
            with the organization, a member who is a surgeon who has 
            practicing privileges in such center and who performs organ 
            transplant surgery,

            (ii) has the authority to recommend policies for the 
        procurement of organs and the other functions described in 
        paragraph (2),\1\ and
            (iii) has no authority over any other activity of the 
        organization.

    (2)(A) Not later than 90 days after November 16, 1990, the Secretary 
shall publish in the Federal Register a notice of proposed rulemaking to 
establish criteria for determining whether an entity meets the 
requirement established in paragraph (1)(E).
    (B) Not later than 1 year after November 16, 1990, the Secretary 
shall publish in the Federal Register a final rule to establish the 
criteria described in subparagraph (A).
    (3) An organ procurement organization shall--
        (A) have effective agreements, to identify potential organ 
    donors, with a substantial majority of the hospitals and other 
    health care entities in its service area which have facilities for 
    organ donations,
        (B) conduct and participate in systematic efforts, including 
    professional education, to acquire all useable organs from potential 
    donors,
        (C) arrange for the acquisition and preservation of donated 
    organs and provide quality standards for the acquisition of organs 
    which are consistent with the standards adopted by the Organ 
    Procurement and Transplantation Network under section 274(b)(2)(E) 
    of this title, including arranging for testing with respect to 
    preventing the acquisition of organs that are infected with the 
    etiologic agent for acquired immune deficiency syndrome,
        (D) arrange for the appropriate tissue typing of donated organs,
        (E) have a system to allocate donated organs equitably among 
    transplant patients according to established medical criteria,
        (F) provide or arrange for the transportation of donated organs 
    to transplant centers,
        (G) have arrangements to coordinate its activities with 
    transplant centers in its service area,
        (H) participate in the Organ Procurement Transplantation Network 
    established under section 274 of this title,
        (I) have arrangements to cooperate with tissue banks for the 
    retrieval, processing, preservation, storage, and distribution of 
    tissues as may be appropriate to assure that all useable tissues are 
    obtained from potential donors,
        (J) evaluate annually the effectiveness of the organization in 
    acquiring potentially available organs, and
        (K) assist hospitals in establishing and implementing protocols 
    for making routine inquiries about organ donations by potential 
    donors.

(July 1, 1944, ch. 373, title III, Sec. 371, as added Pub. L. 98-507, 
title II, Sec. 201, Oct. 19, 1984, 98 Stat. 2342; amended Pub. L. 100-
607, title IV, Sec. 402(a), (c)(1), (2), (d), Nov. 4, 1988, 102 Stat. 
3114, 3115; Pub. L. 101-616, title II, Secs. 201(a)-(c)(1), (d), (e), 
206(b), Nov. 16, 1990, 104 Stat. 3283, 3285.)

                       References in Text

    Paragraph (2), referred to in subsec. (b)(1), meaning paragraph (2) 
of subsec. (b) of this section, was redesignated paragraph (3) by 
section 201(d)(1) of Pub. L. 101-616. See 1990 Amendment note below.
    The Social Security Act, referred to in subsec. (b)(1)(C), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the 
Social Security Act is classified generally to subchapter XVIII 
(Sec. 1395 et seq.) of chapter 7 of this title. For complete 
classification of this Act to the Code, see section 1305 of this title 
and Tables.


                            Prior Provisions

    A prior section 273, act July 1, 1944, ch. 373, title III, Sec. 371, 
as added July 28, 1956, ch. 772, title II, Sec. 201, 70 Stat. 709, 
authorized grants to the Territory of Alaska for an integrated mental 
health program, prior to repeal by Pub. L. 86-70, Sec. 31(b)(1), June 
25, 1959, 73 Stat. 148, effective July 1, 1959.
    A prior section 371 of act July 1, 1944, added by act Aug. 3, 1956, 
ch. 907, Sec. 1, 70 Stat. 960, was renumbered section 381 and classified 
to section 275 of this title, prior to repeal by Pub. L. 99-158, 
Sec. 3(b), Nov. 20, 1985, 99 Stat. 879.


                               Amendments

    1990--Pub. L. 101-616, Sec. 201(a), substituted ``Organ procurement 
organizations'' for ``Assistance for organ procurement organizations'' 
in section catchline.
    Subsec. (a)(3). Pub. L. 101-616, Sec. 201(b)(1), substituted ``may 
make grants to, and enter into contracts with, qualified organ 
procurement organizations described in subsection (b) of this section 
and other nonprofit private entities for the purpose of carrying out 
special projects'' for ``may make grants for special projects''.
    Subsec. (a)(4). Pub. L. 101-616, Sec. 201(b)(2), struck out par. (4) 
which set forth factors to consider in making grants.
    Subsec. (b)(1)(E). Pub. L. 101-616, Sec. 201(c)(1), amended subpar. 
(E) generally. Prior to amendment, subpar. (E) read as follows: ``has a 
defined service area which is a geographical area of sufficient size 
such that (unless the service area comprises an entire State) the 
organization can reasonably expect to procure organs from not less than 
50 donors each year and which either includes an entire standard 
metropolitan statistical area (as specified by the Office of Management 
and Budget) or does not include any part of such an area,''.
    Subsec. (b)(1)(G)(i)(III). Pub. L. 101-616, Sec. 201(e), made 
technical correction to Pub. L. 100-607, Sec. 402(c)(2). See 1988 
Amendment note below.
    Subsec. (b)(2), (3). Pub. L. 101-616, Sec. 201(d), added par. (2) 
and redesignated former par. (2) as (3).
    Subsec. (c). Pub. L. 101-616, Sec. 206(b), struck out subsec. (c) 
which authorized appropriations for subsec. (a) grants for fiscal years 
1988 through 1990.
    1988--Subsec. (a)(2). Pub. L. 100-607, Sec. 402(a)(1), inserted 
``consolidation,'' after ``initial operation,''.
    Subsec. (a)(3). Pub. L. 100-607, Sec. 402(a)(2), added par. (3). 
Former par. (3) redesignated (4).
    Subsec. (a)(4). Pub. L. 100-607, Sec. 402(a)(2), redesignated former 
par. (3) as (4).
    Subsec. (a)(4)(C). Pub. L. 100-607, Sec. 402(a)(3), added subpar. 
(C).
    Subsec. (b)(1)(E). Pub. L. 100-607, Sec. 402(c)(1)(A), substituted 
``size such that'' for ``size which'', and ``the organization can 
reasonably expect to procure organs from not less than 50 donors each 
year'' for ``will include at least fifty potential organ donors each 
year''.
    Subsec. (b)(1)(G)(i)(III). Pub. L. 100-607, Sec. 402(c)(2), as 
amended by Pub. L. 101-616, Sec. 201(e), inserted ``or an individual 
with a doctorate degree in a biological science with knowledge, 
experience, or skill in the field of histocompatibility'' before comma 
at end.
    Subsec. (b)(2)(C). Pub. L. 100-607, Sec. 402(c)(1)(B), substituted 
``274(b)(2)(E) of this title, including arranging for testing with 
respect to preventing the acquisition of organs that are infected with 
the etiologic agent for acquired immune deficiency syndrome,'' for 
``274(b)(2)(D) of this title,''.
    Subsec. (b)(2)(E). Pub. L. 100-607, Sec. 402(c)(1)(C), substituted 
``organs equitably among transplant patients'' for ``organs among 
transplant centers and patients''.
    Subsec. (b)(2)(K). Pub. L. 100-607, Sec. 402(c)(1)(D), added subpar. 
(K).
    Subsec. (c). Pub. L. 100-607, Sec. 402(d), amended subsec. (c) 
generally. Prior to amendment, subsec. (c) read as follows: ``For grants 
under subsection (a) of this section there are authorized to be 
appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year 
1986, and $12,000,000 for fiscal year 1987.''


                    Effective Date of 1990 Amendment

    Section 207 of title II of Pub. L. 101-616 provided that: ``Except 
as otherwise provided in this title, the amendments made by this title 
[enacting sections 274f and 274g of this title, amending this section 
and sections 274 and 274b to 274d of this title, and repealing 
provisions set out as a note below] shall become effective on October 1, 
1990, or on the date of the enactment of this Act [Nov. 16, 1990], 
whichever occurs later.''


                    Effective Date of 1988 Amendment

    Section 402(c)(3) of Pub. L. 100-607, as amended by Pub. L. 101-274, 
Apr. 23, 1990, 104 Stat. 139, which provided that the amendment made by 
section 402(c)(1)(A) of Pub. L. 100-607, amending this section, was not 
to apply to an organ procurement organization designated under section 
1320b-8(b) of this title until Jan. 1, 1992, was repealed by Pub. L. 
101-616, title II, Sec. 201(c)(2), Nov. 16, 1990, 104 Stat. 3283.


                               Short Title

    For short title of Pub. L. 98-507, which enacted this part as the 
``National Organ Transplant Act'', see section 1 of Pub. L. 98-507, set 
out as a Short Title of 1984 Amendments note under section 201 of this 
title.


                              Severability

    Section 301 of Pub. L. 101-616 provided that: ``If any provision of 
this Act [enacting sections 274f, 274g, 274k, and 274l of this title, 
amending this section and sections 274 to 274d of this title, enacting 
provisions set out as notes under this section and sections 274 and 274k 
of this title, and repealing provisions set out as a note above], 
amendment made by this Act, or application of the provision or amendment 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act, the amendments made by this Act, and the 
application of the provisions or amendments to any person or 
circumstance shall not be affected.''


      Study on Hospital Agreements With Organ Procurement Agencies

    Pub. L. 103-432, title I, Sec. 155(b), Oct. 31, 1994, 108 Stat. 
4439, provided that:
    ``(1) In general.--The Office of Technology Assessment (referred to 
in this section as the `OTA') shall, pursuant to the approval of the 
Technology Assessment Board of the OTA, conduct a study to determine the 
efficacy and fairness of requiring a hospital to enter into an agreement 
under section 371(b)(3)(A) of the Public Health Service Act [subsec. 
(b)(3)(A) of this section] with the organ procurement agency designated 
pursuant to section 1138(b) of the Social Security Act [section 1320b-
8(b) of this title] for the service area in which such hospital is 
located and the impact of such requirement on the efficacy and fairness 
of organ procurement and distribution.
    ``(2) Report.--Not later than 2 years after the date of the 
enactment of this Act [Oct. 31, 1994], the OTA shall complete the study 
required under paragraph (1) and prepare and submit to the Committee on 
Finance and the Committee on Labor and Human Resources of the Senate and 
the Committee on Ways and Means and the Committee on Energy and Commerce 
[now Committee on Commerce] of the House of Representatives a report 
containing the findings of such study and the implications of such 
findings with respect to policies affecting organ procurement and 
distribution.''


           Task Force on Organ Procurement and Transplantation

    Pub. L. 98-507, title I, Secs. 101-105, Oct. 19, 1984, 98 Stat. 
2339-2342, directed Secretary of Health and Human Services, not later 
than 90 days after Oct. 19, 1984, to establish a Task Force on Organ 
Transplantation to conduct comprehensive examinations, prepare an 
assessment and report, and submit advice as to regulation of the 
medical, legal, ethical, economic, and social issues presented by human 
organ procurement and transplantation, with the final report due not 
later than 12 months after the Task Force is established and the Task 
Force to terminate 3 months thereafter.


              Bone Marrow Registry Demonstration and Study

    Section 401 of Pub. L. 98-507 directed Secretary of Health and Human 
Services to hold a conference on the feasibility of establishing and the 
effectiveness of a national registry of voluntary bone marrow donors not 
later than 9 months after Oct. 19, 1984, and if the conference found 
that it was feasible to establish a national registry of voluntary 
donors of bone marrow and that such a registry was likely to be 
effective in matching donors with recipients, the Secretary was to 
establish a registry of voluntary donors of bone marrow not later than 
six months after the completion of the conference, and further directed 
the Secretary, acting through the Assistant Secretary for Health, to 
study the establishment and implementation of the registry to identify 
the issues presented by the establishment of such a registry, to 
evaluate participation of bone marrow donors, to assess the 
implementation of the informed consent and confidentiality requirements, 
and to determine if the establishment of a permanent bone marrow 
registry was needed and appropriate, and to report the results of the 
study to Congress not later than two years after the date the registry 
was established.

                  Section Referred to in Other Sections

    This section is referred to in sections 274, 274b, 1320b-8 of this 
title.
