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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5437 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5437

  To authorize the Secretary of Health and Human Services to collect 
      registration fees from members of the Organ Procurement and 
                        Transplantation Network.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2024

  Mr. Grassley (for himself and Mr. Cassidy) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To authorize the Secretary of Health and Human Services to collect 
      registration fees from members of the Organ Procurement and 
                        Transplantation Network.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``OPTN Fee Collection Authority Act''.

SEC. 2. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK REGISTRATION 
              FEES.

    Section 372 of the Public Health Service Act (42 U.S.C. 274) is 
amended--
            (1) in subsection (b)(2)--
                    (A) by moving the margins of subparagraphs (M) 
                through (O) 2 ems to the left;
                    (B) in subparagraph (A)--
                            (i) in clause (i), by striking ``, and'' 
                        and inserting ``; and''; and
                            (ii) in clause (ii), by striking the comma 
                        at the end and inserting a semicolon;
                    (C) in subparagraph (C), by striking ``twenty-four-
                hour telephone service'' and inserting ``24-hour 
                telephone or information technology service'';
                    (D) in each of subparagraphs (B) through (M), by 
                striking the comma at the end and inserting a 
                semicolon;
                    (E) in subparagraph (N), by striking 
                ``transportation, and'' and inserting 
                ``transportation;'';
                    (F) in subparagraph (O), by striking the period and 
                inserting a semicolon; and
                    (G) by adding at the end the following:
                    ``(P) encourage the integration of electronic 
                health records systems through application programming 
                interfaces (or successor technologies) among hospitals, 
                organ procurement organizations, and transplant 
                centers, including the use of automated electronic 
                hospital referrals and the grant of remote, electronic 
                access to hospital electronic health records of 
                potential donors by organ procurement organizations;
                    ``(Q) consider establishing a dashboard to display 
                the number of transplants performed, the types of 
                transplants performed, the number and types of organs 
                that entered the Organ Procurement and Transplantation 
                Network system and failed to be transplanted, and other 
                appropriate statistics, which should be updated more 
                frequently than annually; and
                    ``(R) ensure compliance with the HIPAA privacy 
                regulations (as defined in section 1180(b)(3) of the 
                Social Security Act), as applicable, subject to regular 
                audits by the Office for Civil Rights of the Department 
                of Health and Human Services.''; and
            (2) by adding at the end the following:
    ``(d) Registration Fees.--
            ``(1) In general.--The Secretary may collect registration 
        fees from any member of the Organ Procurement and 
        Transplantation Network for each transplant candidate such 
        member places on the list described in subsection (b)(2)(A)(i). 
        Such registration fees shall be collected and distributed only 
        to support the operation of the Organ Procurement and 
        Transplantation Network. Such registration fees are authorized 
        to remain available until expended.
            ``(2) Collection.--The Secretary may collect the 
        registration fees under paragraph (1) directly or through 
        awards made under subsection (b)(1)(A).
            ``(3) Distribution.--Any amounts collected under this 
        subsection shall--
                    ``(A) be credited to the currently applicable 
                appropriation, account, or fund of the Department of 
                Health and Human Services as discretionary offsetting 
                collections; and
                    ``(B) be available, only to the extent and in the 
                amounts provided in advance in appropriations Acts, to 
                distribute such fees among the awardees described in 
                subsection (b)(1)(A).
            ``(4) Transparency.--The Secretary shall--
                    ``(A) promptly post on the website of the Organ 
                Procurement and Transplantation Network--
                            ``(i) the amount of registration fees 
                        collected under this subsection from each 
                        member of the Organ Procurement and 
                        Transplantation Network; and
                            ``(ii) a list of activities such fees are 
                        used to support; and
                    ``(B) update the information posted pursuant to 
                subparagraph (A), as applicable for each calendar 
                quarter for which fees are collected under paragraph 
                (1).
            ``(5) GAO review.--Not later than 2 years after the date of 
        enactment of this subsection, the Comptroller General of the 
        United States shall, to the extent data are available--
                    ``(A) conduct a review concerning the activities 
                under this subsection; and
                    ``(B) submit to the Committee on Health, Education, 
                Labor, and Pensions and the Committee on Finance of the 
                Senate and the Committee on Energy and Commerce of the 
                House of Representatives, a report on such review, 
                including related recommendations, as applicable.
            ``(6) Sunset.--The authority to collect registration fees 
        under paragraph (1) shall expire on the date that is 5 years 
        after the date of enactment of the OPTN Fee Collection 
        Authority Act.''.
                                 <all>
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