H.R. 4470: Removing Burdens From Organ Donation Act

This bill, titled the "Removing Burdens From Organ Donation Act," proposes several amendments to improve the organ donation process in hospitals that participate in Medicare and Medicaid programs.

1. Automated Notification Procedures

The bill requires hospitals to implement automated electronic notifications to organ procurement agencies when a potential organ donor is identified. Specifically:

• Notification Trigger: Hospitals must notify the designated organ procurement agency when a potential donor is either deceased or has an imminent death, providing remote access to the donor's electronic health records.
• Timeline for Implementation: This requirement will begin two years after the bill is enacted.

2. Exemptions for Hospitals

Some hospitals may be exempt from this requirement under certain conditions:

• Hardship Exemption: A hospital can be exempted for three years if the Secretary of Health and Human Services determines that meeting the requirement would cause significant hardship, especially for rural hospitals with limited internet access.
• Automatic Exemptions: Hospitals affected by cybersecurity attacks or major disasters will receive an automatic waiver for one year, and they may receive extensions if further issues arise.

The Secretary must report on the number of exemptions granted and the reasons for these exemptions annually for two years following the enactment of the bill.

3. Guidance and Best Practices

Within one year from the enactment of the bill, the Secretary of Health and Human Services will be required to:

• Issue guidance to hospitals and organ procurement agencies on best practices for fulfilling the new notification and access requirements.
• Provide explanations for donors and families regarding the electronic notification process.

4. Study by the Comptroller General

The bill also mandates a study by the Comptroller General on the new electronic notification system. This study will consider:

• The costs associated with implementing the new requirements.
• The impact of hospital location, especially in areas with limited broadband access.
• Issues related to patient data security and the effectiveness of the implementation.

The results of the study, including recommendations for further action, must be submitted to Congress within three years of the bill's enactment.

Relevant Companies

• UNH (UnitedHealth Group Inc.): As a major health insurance provider, UnitedHealth Group may be impacted by the changes in organ donation protocols and how hospitals notify organ procurement agencies.
• CNC (Centene Corporation): As a company that provides health insurance, Centene may need to adapt to the new policies affecting organ procurement and health record systems.