II 118th CONGRESS 2d Session S. 5437 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.

1. Short title This Act may be cited as the OPTN Fee Collection Authority Act . 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 . .