Doss's Act

Bill: 118-s-164
Sponsor: full_name: Sen. Cruz, Ted [R-TX]
Introduced: 2023-01-31
Policy area: Health
Subjects: 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
Latest action: action_date: 2023-01-31
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2023-01-31
action_desc: Introduced in Senate
text: <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>

tv_txt: II 118th CONGRESS 1st Session S. 164 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.

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 . 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. .