Doss's Act

Subjects: Health, Cardiovascular and respiratory health, Disability and health-based discrimination, Emergency medical services and trauma care, Health facilities and institutions, Health information and medical records, Health personnel, Immunology and vaccination, Infectious and parasitic diseases, Medicaid, Medicare, Organ and tissue donation and transplantation

Summary:  <p><b>Guarding against Injustice based on Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act or the GIVE LIFE Act or Doss's Act</b></p> <p>This bill generally prohibits an individual's COVID-19 vaccination status from being taken into account for purposes of organ donation or receipt. The bill also prohibits (1) the incidence rate of COVID-19 in a geographic area from being considered in such decisions, and (2) the Organ Procurement and Transplantation Network from establishing standards that incorporate any of these factors.</p> <p>Additionally, as a condition of Medicare and Medicaid participation, health care providers, with specified exceptions (e.g., skilled nursing facilities), may not deny services to individuals based on COVID-19 vaccination status.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 164 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 164

    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

                            January 31, 2023

   Mr. Cruz 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.

    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 ``Guarding against Injustice based on 
Vaccine-status, Ensuring Lifesaving Intervention For Everyone Act'', 
the ``GIVE LIFE Act'', or ``Doss's Act''.

SEC. 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 of 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.''.
                                 &lt;all&gt;
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