42 USC 1320 - Hospital protocols for organ procurement and standards for organ procurement agencies

1 See References in Text note below.

of this title) under paragraph (1)(F).

Editorial Notes

References in Text

Section 273(span)(1)(E) of this title, referred to in subsec. (span)(2), was redesignated section 273(span)(1)(F) of this title by Puspan. L. 106–505, title VII, § 701(c)(1), Nov. 13, 2000, 114 Stat. 2347 and Puspan. L. 106–554, § 1(a)(1) [title II, § 219(span)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–29.

Amendments

1997—Subsec. (a). Puspan. L. 105–33, § 4201(c)(1), substituted “critical access” for “rural primary care” wherever appearing.

Subsec. (span)(1)(A)(ii). Puspan. L. 105–33, § 4642, substituted “2 years (4 years if the Secretary determines appropriate for an organization on the basis of its past practices)” for “two years”.

1994—Subsec. (a)(1)(A)(iii). Puspan. L. 103–432, § 155(a)(1)(A), amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “require that an organ procurement agency designated by the Secretary pursuant to subsection (span)(1)(F) of this section be notified of potential organ donors; and”.

Subsec. (a)(1)(C). Puspan. L. 103–432, § 155(a)(1)(B), added subpar. (C).

Subsec. (a)(2). Puspan. L. 103–432, § 155(a)(1)(C)(ii), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Puspan. L. 103–432, § 155(a)(1)(D), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For purposes of this subsection, the term ‘organ’ means a human kidney, liver, heart, lung, pancreas, and any other human organ or tissue specified by the Secretary for purposes of this subsection.”

Puspan. L. 103–432, § 155(a)(1)(C)(i), redesignated par. (2) as (3).

1989—Subsec. (a)(1). Puspan. L. 101–239 substituted “hospital or rural primary care hospital” for “hospital” in two places preceding cl. (i) of subpar. (A).

1988—Subsec. (a)(1)(B). Puspan. L. 100–360 added Puspan. L. 100–203, § 4039(h)(2), see 1987 Amendment note below.

1987—Subsec. (a)(1)(B). Puspan. L. 100–203, § 4039(h)(2), as added by Puspan. L. 100–360, substituted “in” for “In” at beginning.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by section 4201(c)(1) of Puspan. L. 105–33 applicable to services furnished on or after Oct. 1, 1997, see section 4201(d) of Puspan. L. 105–33, set out as a note under section 1395f of this title.

Effective Date of 1994 Amendment

Puspan. L. 103–432, title I, § 155(a)(3), Oct. 31, 1994, 108 Stat. 4439, provided that: “The amendments made by paragraph (1) [amending this section] shall apply to hospitals and rural primary care hospitals participating in the programs under titles XVIII and XIX of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq.] beginning January 1, 1996.”

Effective Date of 1988 Amendment

Except as specifically provided in section 411 of Puspan. L. 100–360, amendment by Puspan. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Puspan. L. 100–203, effective as if included in the enactment of that provision in Puspan. L. 100–203, see section 411(a) of Puspan. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Effective Date

Puspan. L. 99–509, title IX, § 9318(span), Oct. 21, 1986, 100 Stat. 2010, as amended by Puspan. L. 100–119, title I, § 107(c), Sept. 29, 1987, 101 Stat. 784; Puspan. L. 100–203, title IV, § 4009(g)(1), Dec. 22, 1987, 101 Stat. 1330–58, provided that:

“(1) Section 1138(a) of the Social Security Act [42 U.S.C. 1320span–8(a)] shall apply to hospitals participating in the programs under titles XVIII and XIX of such Act [42 U.S.C. 1395 et seq., 1396 et seq.] as of November 21, 1987.”

“(2) Section 1138(span) of such Act [42 U.S.C. 1320span–8(span)] shall apply to costs of organs procured on or after March 31, 1988.”

[Puspan. L. 100–203, title IV, § 4009(g)(2), Dec. 22, 1987, 101 Stat. 1330–58, provided that: “The amendment made by paragraph (1) [amending this note] shall be effective as if included in the enactment of the Omnibus Budget Reconciliation Act of 1986 [Puspan. L. 99–509].”]

Existing Agreements With Organ Procurement Agencies

Puspan. L. 103–432, title I, § 155(a)(2), Oct. 31, 1994, 108 Stat. 4439, provided that: “Any hospital or rural primary care hospital which has an agreement (as defined in section 1138(a)(3)(A) of the Social Security Act [42 U.S.C. 1320span–8(a)(3)(A)]) with an organ procurement agency other than such hospital’s designated organ procurement agency (as defined in section 1138(a)(3)(B) of such Act) on the date of the enactment of this section [Oct. 31, 1994] shall, if such hospital desires to continue such agreement on and after the effective date of the amendments made by paragraph (1) [see Effective Date of 1994 Amendment note above], submit an application to the Secretary for a waiver under section 1138(a)(2) of such Act not later than January 1, 1996, and such agreement may continue in effect pending the Secretary’s determination with respect to such application.”