117 S3985 IS: Guarding against Injustice based on Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act U.S. Senate 2022-03-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3985IN THE SENATE OF THE UNITED STATESMarch 31, 2022Mr. Cruz (for himself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit the consideration of COVID–19 vaccination status in determining eligibility for organ donation or transplantation, and in providing services to Medicare or Medicaid beneficiaries.

1.

Short title

This Act may be cited as the Guarding against Injustice based on Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act, the GIVE LIFE Act, or Doss's Act.

2.

Prohibitions

(a)

In general

Notwithstanding any other provision of law—(1)no individual may be determined to be ineligible for organ donation or receipt of an organ transplant on the basis of the COVID–19 vaccination status of the individual; (2)no individual may be given a higher or lower priority for such a donation or receipt on such basis; (3)the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials, may not be a factor in determining eligibility to donate organs or to receive organs; and(4)any provider who denies services to any individual based on the COVID–19 vaccination status of the individual (other than services furnished by a skilled nursing facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i–3(a))), a nursing facility (as defined in section 1919(a) of such Act (42 U.S.C. 1396r(a))), a hospice program (as defined in section 1861(dd)(2) of such Act (42 U.S.C. 1395x(dd)(2))), or a long-term care facility) shall not be eligible for reimbursement under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and Federal financial participation shall not be available for any payment made by a State to such a provider for services furnished as medical assistance under the State’s Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.).(b)

Application of requirements

Paragraphs (1) through (3) of subsection (a) shall apply with respect to all organ donations and receipt of organ transplants in the United States, including under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense.(c)

Organ procurement and transplantation network

Section 372(b) of the Public Health Service Act (42 U.S.C. 274(b)) is amended by adding at the end the following:(4)

Clarification regarding COVID–19 vaccination status

The criteria and standards established under paragraph (2) may not include any consideration the COVID–19 vaccination status of organ donors or recipients, or of the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials..