To amend the National Organ Transplant Act to clarify the definition of valuable consideration, to clarify that pilot programs that honor and promote organ donation do not violate that Act, and for other purposes.
This bill clarifies and expands what incentives can be offered to organ donors under federal law. Currently, the National Organ Transplant Act prohibits paying donors for organs, but this legislation defines "valuable consideration" more specifically to allow reimbursement for costs like travel, lodging, lost wages, medical expenses, dependent care, and insurance policies up to $2 million for living donors. The bill also permits the federal government and states to run pilot programs for up to five years that offer non-cash benefits to donors, such as priority on transplant lists or other perks that cannot be sold or transferred. These pilot programs would be subject to ethical review and would measure their effectiveness in increasing organ donation rates. The bill affects organ donors, transplant recipients, and patients on waiting lists by potentially expanding the organ supply, particularly kidneys, to address a critical shortage where over 113,000 people currently await transplants and 17 people die daily waiting for organs. The Secretary of Health and Human Services would need to report to Congress every three years on the pilot programs' impact on organ availability and recommendations for expansion.
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