S 532

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IN THE SENATE OF THE UNITED STATES

February 12, 2025

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, and for other purposes.

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.

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, in a manner that complies with the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996, at part 160 of title 45, Code of Federal Regulations, and subparts A, C, and E of part 164 of such title (or any successor regulations); and

“(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

(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 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 3 years after the date of enactment of the OPTN Fee Collection Authority Act.”. <all>