HR 2114

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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). <all>