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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.
Introduced March 14, 2025 by Neal Patrick Dunn · Last progress March 14, 2025
Amends section 1862(a) of the Social Security Act to add a new paragraph (26) excluding Medicare payment for prohibited organ transplants and related items or services furnished on or after January 1, 2026, unless furnished to save the life of an individual after such a transplant.
Amends section 1902(a) of the Social Security Act by inserting a new paragraph (88) requiring State plans to provide that no payment may be made under the plan for prohibited organ transplants and related items or services furnished on or after January 1, 2026, unless furnished to save the life of the individual after such a transplant.
Amends section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) by adding a new paragraph (28) to make Federal Medicaid payments inapplicable with respect to amounts expended for prohibited organ transplants and related items or services furnished on or after January 1, 2026, except when furnished to save the life of the individual; also updates the subsequent flush left text to include paragraph (28) in the enumerated list.
Adds a new section (2730) to Subpart II of part A of title XXVII of the Public Health Service Act prohibiting group health plans and health insurance issuers from providing coverage for prohibited organ transplants or items/services furnished in connection with such transplants, unless such items or services are furnished to save the life of the individual after the prohibited transplant.
Bans insurance coverage and medical performance of certain “prohibited organ transplants” starting January 1, 2026. Medicare, Medicaid, and private group and individual health plans may not pay for these transplants or related items and services. Health care providers are barred from performing them, with a narrow exception allowing life‑saving care after such a transplant has occurred.
Violations carry criminal penalties for providers and civil penalties enforceable by the U.S. Attorney General or State attorneys general. The Department of Health and Human Services must issue rules by January 1, 2026 to specify which items and services are prohibited and how civil penalties are calculated.