119th Congress (2025-2026)

HR 4470

Removing Burdens From Organ Donation Act

Introduced

Jurisdiction

US Congress

Session

119th Congress (2025-2026)

Official source

Chamber

House

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

This bill, the Removing Burdens From Organ Donation Act, aims to improve organ donation efforts by requiring hospitals participating in Medicare and Medicaid to establish better notification procedures with organ procurement agencies. Specifically, it mandates automated electronic notifications and remote access to electronic health records for potential organ donors, with provisions for exemptions in certain circumstances like limited internet access or cybersecurity attacks. The bill also directs the Department of Health and Human Services to provide guidance on best practices and to State health agencies on how to explain these changes to donors and their families.

Key provisions

Requires hospitals to provide automated electronic notifications to organ procurement agencies about potential organ donors.
Mandates remote access to electronic health records for potential organ donors when updates indicate death or imminent death.
Allows for exemptions from electronic notification requirements for hospitals facing significant hardships, such as limited internet access.
Establishes a process for automatic exemptions due to cybersecurity attacks or natural disasters.
Directs the Department of Health and Human Services to issue guidance on best practices for compliance.
Requires the Department of Health and Human Services to provide guidance to State health agencies on communicating changes to donors and families.
Calls for a Government Accountability Office (GAO) study on the implementation of the new requirements.
The GAO study will assess costs, impacts of hospital location, and analyze transplant outcomes.

Positions across the country

No public positions recorded for this legislation.

Arguments in favor

Reasons to support this legislation.

No arguments in favor have been submitted.

Submit yours

Arguments opposed

Reasons to oppose this legislation.

No arguments opposed have been submitted.

Submit yours

Legislative history

2025-07-16House

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2025-07-16House

2025-07-16

Introduced in House

2025-07-16

Introduced in House

Read the latest version inline or switch to a previous version.

Jul 16, 2025XMLView source

119th CONGRESS — 1st Session

H. R. 4470

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend title XI of the Social Security Act to require hospitals participating in the Medicare and Medicaid programs to establish certain notification procedures with respect to organ procurement agencies.

1.Short title

This Act may be cited as the

Removing Burdens From Organ Donation Act

2.Notifying organ procurement agencies with respect to potential organ donors

(a)In generalSection 1138(a) of the Social Security Act (42 U.S.C. 1320b–8(a)) is amended—

(1)

in paragraph (1)(A)(iii)—

(A)

by adding and at the end;

(B)

by striking that such and inserting

that—

(I)such

; and

(C)

by adding at the end the following new subclause:

(II)subject to paragraph (4), beginning on the date that is 2 years after the date of the enactment of the Removing Burdens From Organ Donation Act, with respect to such a potential organ donor, such hospital’s designated organ procurement agency is issued an automated electronic notification and is provided electronic and remote access to the electronic health records of such potential organ donor when such electronic health records are updated to indicate that such potential organ donor is deceased or that the death of such potential organ donor is imminent, as determined in accordance with the protocol described in section 482.45(a)(1) of title 42, Code of Federal Regulations (or any successor regulation);

; and

(2)

by adding at the end the following new paragraph:

(4)Exemptions from automated EHR access requirement

(A)Exemptions

(i)In generalThe Secretary may exempt a hospital or critical access hospital from the automated electronic notification and remote access requirement under paragraph (1)(A)(iii)(II) for a period of 3 years if the Secretary determines that meeting such requirement would result in a significant hardship, such as in the case of a hospital or critical access hospital located in a rural area without sufficient Internet access, or other exceptional circumstances demonstrated by the hospital.

(ii)Automatic exemptionThe Secretary shall grant an exemption described in clause (i) to a hospital or critical access hospital for a period of 1 year if the Secretary determines that such hospital is affected by a cybersecurity attack (as defined in subparagraph (C)), or is located in an area affected by a major disaster (as defined in section 5122(2) of title 42, United States Code) or any other natural or man-made disaster, and shall notify such hospital or critical access hospital of such exemption.

(iii)ExtensionThe Secretary may extend an exemption granted under clause (i) or (ii) if the hospital or critical access hospital demonstrates to the satisfaction of the Secretary that such an extension is necessary.

(B)ReportNot later than 2 years after the date of the enactment of the Removing Burdens From Organ Donation Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the number of exemptions granted under subparagraph (A) during the previous year and the reason for granting each such exemption.

(C)Cybersecurity attack definedFor purposes of subparagraph (A), the term cybersecurity attack means, with respect to a hospital or a critical access hospital, any kind of malicious activity that—

(i)

attempts to collect, modify, disrupt, deny, degrade, or destroy information system resources of the hospital, including the information itself;

(ii)

affects the confidentiality, integrity or availability of data, information, or operational technology system resources of the hospital; or

(iii)poses any other threat to the information, information systems, technology, or technological capabilities of the hospital, as determined by the Secretary.

(b)Guidance on best practices

(1)In generalNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to hospitals, critical access hospitals, organ procurement agencies, and electronic health record companies regarding best practices for complying with the automated electronic notification and remote access requirement under subclause (II) of section 1138(a)(1)(A)(iii) of the Social Security Act (42 U.S.C. 1320b–8(a)(1)(A)(iii)), as added by subsection (a). Such guidance shall be based upon the experiences of entities that have previous experience with the implementation of similar automated electronic notifications and remote access, and shall provide insights on what worked well and what did not.

(2)Explanation of changes to donors and family membersNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to State health agencies (or such other State agency, department, or authority as the Governor of each State may determine appropriate) regarding best practices for explaining the automated electronic notification and remote access requirement under subclause (II) of section 1138(a)(1)(A)(iii) of the Social Security Act (42 U.S.C. 1320b–8(a)(1)(A)(iii)), as added by subsection (a), to organ donors, potential organ donors, and the family members of such donors and potential donors.

(c)GAO report and studyThe Comptroller General of the United States (in this subsection referred to as the Comptroller General) shall—

(1)

carry out a study on the implementation of the automated electronic notification and remote access requirement under subclause (II) of section 1138(a)(1)(A)(iii) of the Social Security Act (42 U.S.C. 1320b–8(a)(1)(A)(iii)), as added by subsection (a), that takes into account—

(A)

the cost of implementing the automated electronic notification and remote access requirement described in such paragraph;

(B)

the impact of hospital location on the implementation of such requirement, including the impact of limited broadband access in rural areas, and improvements that could be made to facilitate such implementation; and

(C)the reports submitted by the Secretary pursuant to paragraph (4)(B) of section 1138(a) of such Act (42 U.S.C. 1320b–8(a)), as added by subsection (a); and

(2)not later than 3 years after the date of the enactment of the Removing Burdens from Organ Donation Act, submit to Congress a report on the results of the study carried out under paragraph (1) that includes—

(A)an analysis of data maintained by the Department of Health and Human Services related to the outcomes of organ transplants performed after the enactment of the Removing Burdens from Organ Donation Act;

(B)a review of issues related to securing patient data and the roles of the Centers for Medicare & Medicaid Services and the Health Resources and Services Administration with respect to those issues; and

(C)

any recommendations for further action, as appropriate.

HR 4470

Bill overview

Key provisions

Sponsors

Primary sponsor

Cosponsors

Positions across the country

Arguments in favor

Arguments opposed

Bill text

Who is affected

Notable changes

Fiscal impact

Positions across the country