[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5437 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5437
To authorize the Secretary of Health and Human Services to collect
registration fees from members of the Organ Procurement and
Transplantation Network.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2024
Mr. Grassley (for himself and Mr. Cassidy) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To authorize the Secretary of Health and Human Services to collect
registration fees from members of the Organ Procurement and
Transplantation Network.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``OPTN Fee Collection Authority Act''.
SEC. 2. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK REGISTRATION
FEES.
Section 372 of the Public Health Service Act (42 U.S.C. 274) is
amended--
(1) in subsection (b)(2)--
(A) by moving the margins of subparagraphs (M)
through (O) 2 ems to the left;
(B) in subparagraph (A)--
(i) in clause (i), by striking ``, and''
and inserting ``; and''; and
(ii) in clause (ii), by striking the comma
at the end and inserting a semicolon;
(C) in subparagraph (C), by striking ``twenty-four-
hour telephone service'' and inserting ``24-hour
telephone or information technology service'';
(D) in each of subparagraphs (B) through (M), by
striking the comma at the end and inserting a
semicolon;
(E) in subparagraph (N), by striking
``transportation, and'' and inserting
``transportation;'';
(F) in subparagraph (O), by striking the period and
inserting a semicolon; and
(G) by adding at the end the following:
``(P) encourage the integration of electronic
health records systems through application programming
interfaces (or successor technologies) among hospitals,
organ procurement organizations, and transplant
centers, including the use of automated electronic
hospital referrals and the grant of remote, electronic
access to hospital electronic health records of
potential donors by organ procurement organizations;
``(Q) consider establishing a dashboard to display
the number of transplants performed, the types of
transplants performed, the number and types of organs
that entered the Organ Procurement and Transplantation
Network system and failed to be transplanted, and other
appropriate statistics, which should be updated more
frequently than annually; and
``(R) ensure compliance with the HIPAA privacy
regulations (as defined in section 1180(b)(3) of the
Social Security Act), as applicable, subject to regular
audits by the Office for Civil Rights of the Department
of Health and Human Services.''; and
(2) by adding at the end the following:
``(d) Registration Fees.--
``(1) In general.--The Secretary may collect registration
fees from any member of the Organ Procurement and
Transplantation Network for each transplant candidate such
member places on the list described in subsection (b)(2)(A)(i).
Such registration fees shall be collected and distributed only
to support the operation of the Organ Procurement and
Transplantation Network. Such registration fees are authorized
to remain available until expended.
``(2) Collection.--The Secretary may collect the
registration fees under paragraph (1) directly or through
awards made under subsection (b)(1)(A).
``(3) Distribution.--Any amounts collected under this
subsection shall--
``(A) be credited to the currently applicable
appropriation, account, or fund of the Department of
Health and Human Services as discretionary offsetting
collections; and
``(B) be available, only to the extent and in the
amounts provided in advance in appropriations Acts, to
distribute such fees among the awardees described in
subsection (b)(1)(A).
``(4) Transparency.--The Secretary shall--
``(A) promptly post on the website of the Organ
Procurement and Transplantation Network--
``(i) the amount of registration fees
collected under this subsection from each
member of the Organ Procurement and
Transplantation Network; and
``(ii) a list of activities such fees are
used to support; and
``(B) update the information posted pursuant to
subparagraph (A), as applicable for each calendar
quarter for which fees are collected under paragraph
(1).
``(5) GAO review.--Not later than 2 years after the date of
enactment of this subsection, the Comptroller General of the
United States shall, to the extent data are available--
``(A) conduct a review concerning the activities
under this subsection; and
``(B) submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the
Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on such review,
including related recommendations, as applicable.
``(6) Sunset.--The authority to collect registration fees
under paragraph (1) shall expire on the date that is 5 years
after the date of enactment of the OPTN Fee Collection
Authority Act.''.
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