[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2114
To amend titles XVIII and XIX of the Social Security Act, title XXVII
of the Public Health Service Act, and the National Organ Transplant Act
to prohibit certain organ transplants with specified connections to the
People's Republic of China.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2025
Mr. Dunn of Florida (for himself, Mr. Bilirakis, and Mr. Moolenaar)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act, title XXVII
of the Public Health Service Act, and the National Organ Transplant Act
to prohibit certain organ transplants with specified connections to the
People's Republic of China.
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 ``Block Organ Transplant Purchases
from China Act of 2025'' or the ``Block Act of 2025''.
SEC. 2. PROHIBITING CERTAIN ORGAN TRANSPLANTS.
(a) Medicare.--Section 1862(a) of the Social Security Act (42
U.S.C. 1395y(a)) is amended--
(1) in paragraph (24), by striking ``or'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) where such expenses are for--
``(A) a prohibited organ transplant (as defined in
section 402(d) of the National Organ Transplant Act)
furnished on or after January 1, 2026; or
``(B) any item or service furnished on or after
January 1, 2026, in connection with such a prohibited
organ transplant, including a follow-up appointment,
laboratory test, or drug, unless such item or service
is furnished to save the life of an individual after
such individual receives such a prohibited organ
transplant.''.
(b) Medicaid.--
(1) In general.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87)(D), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) provide that no payment may be made under the plan
for--
``(A) a prohibited organ transplant (as defined in
section 402(d) of the National Organ Transplant Act)
furnished on or after January 1, 2026; or
``(B) any item or service furnished on or after
January 1, 2026, in connection with such a prohibited
organ transplant, including a follow-up appointment,
laboratory test, or drug, unless such item or service
is furnished to save the life of an individual after
such individual receives such a prohibited organ
transplant.''.
(2) Conforming amendment.--Section 1903(i) of the Social
Security Act (42 U.S.C. 1396b(i)) is amended--
(A) in paragraph (26), by striking ``or'' at the
end;
(B) in paragraph (27), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (27) the following
new paragraph:
``(28) with respect to any amount expended for--
``(A) a prohibited organ transplant (as defined in
section 402(d) of the National Organ Transplant Act)
furnished on or after January 1, 2026; or
``(B) any item or service furnished on or after
January 1, 2026, in connection with such a prohibited
organ transplant, including a follow-up appointment,
laboratory test, or drug, unless such item or service
is furnished to save the life of an individual after
such individual receives such a prohibited organ
transplant.''.
(3) Application to managed care entities.--Section 1903(i)
of the Social Security Act (42 U.S.C. 1396b(i)), as amended by
paragraph (2), is further amended in the flush left text
following paragraph (28) by striking ``and (18)'' and inserting
``(18), and (28)''.
(c) Public Health Service Act.--
(1) In general.--Subpart II of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is
amended by adding at the end the following new section:
``SEC. 2730. PROHIBITION ON COVERAGE FOR CERTAIN ORGAN TRANSPLANTS.
``A group health plan, and a health insurance issuer offering group
or individual health insurance coverage, may not provide coverage for--
``(1) a prohibited organ transplant (as defined in section
402(d) of the National Organ Transplant Act); or
``(2) any item or service furnished in connection with such
a prohibited organ transplant, including a follow-up
appointment, laboratory test, or drug, unless such item or
service is furnished to save the life of an individual after
such individual receives such a prohibited organ transplant.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to plan years beginning on or after
January 1, 2026.
(d) Penalty for Providing Certain Organ Transplants.--Title IV of
the National Organ Transplant Act (Public Law 98-507) is amended by
adding at the end the following new section:
``SEC. 402. PROHIBITION ON CERTAIN ORGAN TRANSPLANTS.
``(a) Prohibition.--Beginning on January 1, 2026, no health care
provider may furnish--
``(1) a prohibited organ transplant; or
``(2) any item or service in connection with such a
prohibited organ transplant, including a follow-up appointment,
laboratory test, or drug, unless such item or service is
furnished to save the life of an individual after such
individual receives such a prohibited organ transplant.
``(b) Criminal Penalty.--Any person who knowingly violates
subsection (a) shall be fined under title 18, United States Code,
imprisoned for not more than 2 years, or both.
``(c) Civil Penalty.--
``(1) In general.--The Attorney General or the attorney
general of a State where the prohibited organ transplant or
item or service described in subsection (a) is furnished may
bring a civil action in the appropriate United States district
court against any person who knowingly violates subsection (a)
and, upon proof of such violation by a preponderance of the
evidence, such person shall be subject to a civil penalty equal
to three times the cost of furnishing such prohibited organ
transplant or item or service (as determined by the Secretary
of Health and Human Services).
``(2) Authority to intervene.--The Attorney General may
intervene in any civil action brought by the attorney general
of a State under paragraph (1).
``(d) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider' has the meaning given such term in section 1171 of
the Social Security Act.
``(2) Prohibited organ transplant.--The term `prohibited
organ transplant' means the transplantation of a specified
human organ that--
``(A) occurs in the People's Republic of China; or
``(B) transplants a specified human organ that is
not procured through the Organ Procurement and
Transplantation Network established under section 372
of the Public Health Service Act.
``(3) Specified human organ.--The term `specified human
organ' means the human (including fetal) kidney, liver, heart,
lung, pancreas, bone marrow, cornea, eye, bone, intestine
(including the esophagus, stomach, small intestine, large
intestine, and any other portion of the gastrointestinal
tract), any vascularized composite allograft (as defined in
section 121.2 of title 42, Code of Federal Regulations (or any
successor regulation)), or any subpart thereof (including that
derived from a fetus).''.
(e) Rulemaking.--Not later than January 1, 2026, the Secretary of
Health and Human Services shall issue such rules as are necessary to
identify--
(1) the items and services prohibited under the amendments
made by this section; and
(2) the cost of furnishing a prohibited organ transplant
(as defined in section 402(d) of the National Organ Transplant
Act, as amended by this Act) or such items and services for
purposes of calculating the civil penalty under the amendments
made by subsection (d).
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