H.R. 2114

119th CONGRESS 1st Session

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 · Sponsor: Mr. Dunn of Florida

Table of contents

• H.R. 2114
  • SEC. 1. Short title
  • SEC. 2. Prohibiting certain organ transplants

SEC. 1. Short title

• This Act may be cited as the or the . Block Act of 2025

SEC. 2. Prohibiting certain organ transplants

• (a) Medicare
  • Section 1862(a) of the Social Security Act () is amended— 42 U.S.C. 1395y(a)
    • in paragraph (24), by striking or at the end;
    • in paragraph (25), by striking the period at the end and inserting ; and
      • where such expenses are for—
        • a prohibited organ transplant (as defined in section 402(d) of the National Organ Transplant Act) furnished on or after January 1, 2026; or
        • 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.
    • by inserting after paragraph (25) the following new paragraph:
• (b) Medicaid
  • (1) In general
    • Section 1902(a) of the Social Security Act () is amended— 42 U.S.C. 1396a(a)
      • in paragraph (86), by striking and at the end;
      • in paragraph (87)(D), by striking the period at the end and inserting ; and; and
        • provide that no payment may be made under the plan for—
          • a prohibited organ transplant (as defined in section 402(d) of the National Organ Transplant Act) furnished on or after January 1, 2026; or
          • 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.
      • by inserting after paragraph (87) the following new paragraph:
  • (2) Conforming amendment
    • Section 1903(i) of the Social Security Act () is amended— 42 U.S.C. 1396b(i)
      • in paragraph (26), by striking or at the end;
      • in paragraph (27), by striking the period at the end and inserting ; and
        • with respect to any amount expended for—
          • a prohibited organ transplant (as defined in section 402(d) of the National Organ Transplant Act) furnished on or after January 1, 2026; or
          • 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.
      • by inserting after paragraph (27) the following new paragraph:
  • (3) Application to managed care entities
    • Section 1903(i) of the Social Security Act (), 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). 42 U.S.C. 1396b(i)
• (c) Public Health Service Act
  • (1) In general
    • Subpart II of part A of title XXVII of the Public Health Service Act () is amended by adding at the end the following new section: 42 U.S.C. 300gg–11 et seq.
      • A group health plan, and a health insurance issuer offering group or individual health insurance coverage, may not provide coverage for—
        • a prohibited organ transplant (as defined in section 402(d) of the National Organ Transplant Act); or
        • 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 () is amended by adding at the end the following new section: Public Law 98–507
    • (a) Prohibition
      • Beginning on January 1, 2026, no health care provider may furnish—
        • a prohibited organ transplant; or
        • 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:
        • The term health care provider has the meaning given such term in section 1171 of the Social Security Act.
        • The term prohibited organ transplant means the transplantation of a specified human organ that—
        • 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—
    • the items and services prohibited under the amendments made by this section; and
    • 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).