Everson Walls and Ron Springs Gift for Life Act of 2015

Bill: 114-hr-2472
Sponsor: full_name: Rep. Clay, Wm. Lacy [D-MO-1]
Introduced: 2015-05-20
Policy area: Health
Subjects: Civil actions and liability

Congressional oversight

Department of Health and Human Services

Executive agency funding and structure

Government information and archives

Government studies and investigations

Health information and medical records

Health programs administration and funding

Organ and tissue donation and transplantation

Right of privacy
Latest action: action_date: 2015-05-22
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2015-05-20
action_desc: Introduced in House
text: <p><b>Everson Walls and Ron Springs Gift for Life Act of 2015</b></p> <p>This bill amends the Public Health Service Act to require the Health Resources and Services Administration to establish a National Organ and Tissue Donor Registry Resource Center.</p> <p>The Center must: (1) advance the development, expansion, and evaluation of state organ donor registries; (2) facilitate timely exchange of donor information between state registries; and (3) maintain a clearinghouse for information on registry best practices.</p> <p>The Department of Health and Human Services must award grants to states in order to develop, expand, or maintain state organ donor registries and establish benchmarks for improvement in organ donation. A state registry that receives a grant must be accessible to individual donors and the Center.</p> <p>A person taking an individual's organs is not civilly liable as long as the person verified the individual's consent with a state organ donor registry.</p> The Government Accountability Office must study the feasibility of establishing a database to track the health effects of living organ donation.

tv_txt: I 114th CONGRESS 1st Session H. R. 2472 IN THE HOUSE OF REPRESENTATIVES May 20, 2015 Mr. Clay (for himself and Mr. Graves of Missouri ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry Resource Center, to authorize grants for State organ and tissue donor registries, and for other purposes.

1. Short title This Act may be cited as the Everson Walls and Ron Springs Gift for Life Act of 2015 . 2. National Organ and Tissue Donor Registry Resource Center Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371A the following: 371B. National Organ and Tissue Donor Registry Resource Center (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the Center ). (b) Duties The Center shall— (1) advance the development, expansion, and evaluation of State organ and tissue donor registries; (2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis; (3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d); (4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; and (5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries. (c) Authorization of appropriations No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out, for fiscal years 2016 through 2020, using amounts otherwise available for such purpose. . 3. Grants for State organ and tissue donor registries Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371B, as inserted by section 2, the following: 371C. Grants for State organ and tissue donor registries (a) Program authorized The Secretary shall award grants or cooperative agreements to eligible entities to support the development, enhancement, expansion, and evaluation of State organ and tissue donor registries. (b) Definition In this section, the term eligible entity means a State agency or a State contracted entity. (c) Use of funds As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement— (1) to develop, expand, or maintain a State organ and tissue donor registry; and (2) to establish benchmarks for improvement in organ and tissue donation in the State. (d) Operating standards As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following: (1) The registry must allow a donor or any other person authorized by the donor to include in the registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift. (2) The registry must be accessible to any qualified organ procurement organization described in section 371(b) to allow the organization to obtain relevant information on the registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. (3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis. (4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. (e) Application To seek a grant or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (f) Report As a condition on the receipt of a grant or cooperative agreement under this section, not later than 180 days after receipt of the grant or cooperative agreement, and every 180 days thereafter (through the date of completion of the activities funded through the grant or cooperative agreement), an eligible entity shall prepare and submit a report to the Secretary that— (1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; and (2) assesses initiatives that may be replicated in other States. (g) Authorization of appropriations No additional funds are authorized to be appropriated for the purpose of carrying out this section. This section shall be carried out, for fiscal years 2016 through 2020, using amounts otherwise available for such purpose. . 4. Limitation on liability Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371C, as inserted by section 3, the following: 371D. Limitation on liability No person may be held civilly liable by reason of having harvested or taken an individual’s organs or tissues without having obtained valid consent for the harvesting or taking, if— (1) such person has verified that, at the time of the harvesting or taking, the individual is registered as a donor with a State organ and tissue donor registry; and (2) the harvesting or taking is within the scope of the consent given by such individual for purposes of such registration. . 5. Study on feasibility of establishing a living donor database Section 371A of the Public Health Service Act ( 42 U.S.C. 273a ) is amended— (1) by striking The Secretary may establish and inserting (a) In general.— The Secretary may establish ; and (2) by adding at the end the following: (b) Study Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2015 , the Comptroller General of the United States shall— (1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; and (2) submit a report to the Congress on the results of such study. .