[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3504 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3504
To amend the Public Health Service Act with respect to qualified organ
procurement organizations.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 17, 2001
Mr. Burr of North Carolina introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act with respect to qualified organ
procurement organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 371(b)(1)
of the Public Health Service Act (42 U.S.C. 273(b)(1)) is amended by
striking subparagraph (D) and all that follows and inserting the
following:
``(D) notwithstanding any other provision of law, has met
the other requirements of this section and has been certified
or recertified by the Secretary as meeting the performance
standards to be a qualified organ procurement organization
through a process that granted certification or recertification
with such certification or recertification in effect as of
January 1, 2000, and remaining in effect through the completion
of certification or recertification, no earlier than July 31,
2004, as is defined through regulations that are promulgated by
the Secretary that--
``(i) require recertifications of qualified organ
procurement organizations not more frequently than once
every 4 years,
``(ii) rely on outcome and process performance
measures that are based on empirical evidence, obtained
through reasonable efforts, of organ donor potential
and other related factors in each service area of
qualified organ procurement organizations,
``(iii) use multiple outcome measures as part of
the certification process, and
``(iv) provide for a qualified organ procurement
organization to appeal a decertification to the
Secretary on substantive and procedural grounds,
``(E) has procedures to obtain payment for non-renal organs
provided to transplant centers,
``(F) has a defined service area that is of sufficient size
to assure maximum effectiveness in the procurement and
equitable distribution of organs, and that either includes an
entire metropolitan statistical area (as specified by the
Director of the Office of Management and Budget) or does not
include any part of the area,
``(G) has a director and such other staff, including the
organ donation coordinators and organ procurement specialists
necessary to effectively obtain organs from donors in its
service area, and
``(H) has a board of directors or an advisory board which--
``(i) is composed of--
``(I) members who represent hospital
administrators, intensive care or emergency
room personnel, tissue banks, and voluntary
health associations in its service area,
``(II) members who represent the public
residing in such area,
``(III) a physician with knowledge,
experience, or skill in the field of
histocompatibility or an individual with a
doctorate degree in a biological science with
knowledge, experience, or skill in the field of
histocompatibility,
``(IV) a physician with knowledge or skill
in the field of neurology, and
``(V) from each transplant center in its
service area which has arrangements described
in paragraph (3)(G) with the organization, a
member who is a surgeon who has practicing
privileges in such center and who performs
organ transplant surgery,
``(ii) has the authority to recommend policies for
the procurement of organs and the other functions
described in paragraph (3), and
``(iii) has no authority over any other activity of
the organization.''.
<all>