Sponsors (4)
The bill aims to cut public and private funding and reduce demand for ethically questionable organ transplants obtained outside the OPTN or in certain foreign jurisdictions, but it risks disrupting post‑transplant care, imposing legal and financial burdens on providers and hospitals, and creating near‑term uncertainty about coverage and enforcement.
Medicare beneficiaries, Medicaid enrollees, state programs, and private/group health plan members will no longer have federal, state, or premium dollars used to pay for organ transplants obtained outside the Organ Procurement and Transplantation Network (OPTN) or in specified foreign jurisdictions, reducing public and private financial exposure to transplants sourced outside established, regulated
Potential organ traffickers and brokers face reduced market demand because the law prohibits and penalizes provision of prohibited transplants, which should deter unethical procurement and reduce incentives for illicit organ trade.
Transplant recipients (Medicare, Medicaid, and privately insured) who received organs outside OPTN or in prohibited circumstances could lose coverage for follow-up care (labs, drugs, appointments), increasing out-of-pocket costs and disrupting medically necessary post‑transplant treatment.
Clinicians and hospitals treating recipients of out‑of‑network or foreign transplants face potential criminal, civil, and financial penalties, which could discourage providers from offering or continuing care and undermine continuity and access to transplant follow‑up services.
Hospitals and transplant centers face legal exposure and financial penalties (and related administrative burdens) for treating recipients of prohibited transplants, which could deter transplant services, increase operational costs, and strain health systems.
Based on analysis of 2 sections of legislative text.
Bans federal and private payment/coverage for specified organ transplants and related non‑life‑saving services as defined by law, allows only life‑saving care, and creates criminal penalties for knowing violations starting Jan 1, 2026.
Prohibits federal programs, Medicaid and Medicare, and private health plans from paying for certain organ transplants and related non‑life‑saving follow-up care performed as defined under the National Organ Transplant Act, effective January 1, 2026. Allows payment or coverage only for items or services that are necessary to save the life of the transplant recipient after such a transplant. The proposal also bars providers from performing these prohibited transplants or furnishing non‑life‑saving follow-up services and creates criminal penalties (fine and/or up to 2 years imprisonment) for knowing violations beginning January 1, 2026.
Introduced March 14, 2025 by Neal Patrick Dunn · Last progress March 14, 2025