II 

117TH CONGRESS 

2D SESSION S. 3985 

To 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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2022 

Mr. CRUZ (for himself and Mr. GRASSLEY) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guarding against In5 justice based on Vaccine-status, Ensuring Lifesaving 

6 Intervention For Everyone Act’’, the ‘‘GIVE LIFE Act’’, 

7 or ‘‘Doss’s Act’’. 


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•S 3985 IS

1 SEC. 2. PROHIBITIONS. 

2 (a) IN GENERAL.—Notwithstanding any other provi3 sion of law— 

4 (1) no individual may be determined to be ineli5 gible for organ donation or receipt of an organ 

6 transplant on the basis of the COVID–19 vaccina7 tion status of the individual; 

8 (2) no individual may be given a higher or 

9 lower priority for such a donation or receipt on such 

10 basis; 

11 (3) the incidence of COVID–19 positive rates in 

12 a geographic area or region, as determined by public 

13 health officials, may not be a factor in determining 

14 eligibility to donate organs or to receive organs; and 

15 (4) any provider who denies services to any in16 dividual based on the COVID–19 vaccination status 

17 of the individual (other than services furnished by a 

18 skilled nursing facility (as defined in section 1819(a) 

19 of the Social Security Act (42 U.S.C. 1395i–3(a))), 

20 a nursing facility (as defined in section 1919(a) of 

21 such Act (42 U.S.C. 1396r(a))), a hospice program 

22 (as defined in section 1861(dd)(2) of such Act (42 

23 U.S.C. 1395x(dd)(2))), or a long-term care facility) 

24 shall not be eligible for reimbursement under the 

25 Medicare program under title XVIII of the Social 

26 Security Act (42 U.S.C. 1395 et seq.), and Federal 


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•S 3985 IS

1 financial participation shall not be available for any 

2 payment made by a State to such a provider for 

3 services furnished as medical assistance under the 

4 State’s Medicaid program under title XIX of such 

5 Act (42 U.S.C. 1396 et seq.). 

6 (b) APPLICATION OF REQUIREMENTS.—Paragraphs 

7 (1) through (3) of subsection (a) shall apply with respect 

8 to all organ donations and receipt of organ transplants 

9 in the United States, including under the laws adminis10 tered by the Secretary of Veterans Affairs and the laws 

11 administered by the Secretary of Defense. 

12 (c) ORGAN PROCUREMENT AND TRANSPLANTATION

13 NETWORK.—Section 372(b) of the Public Health Service 

14 Act (42 U.S.C. 274(b)) is amended by adding at the end 

15 the following: 

16 ‘‘(4) CLARIFICATION REGARDING COVID–19 VAC17 CINATION STATUS.—The criteria and standards es18 tablished under paragraph (2) may not include any 

19 consideration the COVID–19 vaccination status of 

20 organ donors or recipients, or of the incidence of 

21 COVID–19 positive rates in a geographic area or re22 gion, as determined by public health officials.’’. 

Æ 


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