Removing Burdens From Organ Donation Act
- Sponsor
- Rep. Van Duyne, Beth [R-TX-24]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jul 16, 2025
Bottom line
This bill aims to increase organ donation rates by streamlining the notification process between hospitals and organ procurement agencies through mandatory electronic data sharing, while providing exemptions for specific challenges and mandating oversight.
What it actually does
This bill amends the Social Security Act to mandate that hospitals participating in Medicare and Medicaid establish procedures for automated electronic notification and remote electronic health record (EHR) access for designated organ procurement agencies (OPAs). This access must be provided when a patient's EHR indicates they are deceased or death is imminent. The bill also includes exemptions for hospitals facing significant hardship, cybersecurity attacks, or disasters, and requires the Secretary of Health and Human Services to issue guidance and the GAO to conduct a study on implementation.
Proponents argue
Supporters argue this bill will significantly reduce administrative burdens on hospitals and OPAs, improve the efficiency and timeliness of organ donation processes, and ultimately increase the number of viable organs available for transplant by ensuring earlier and more consistent notification. They believe it leverages technology to modernize an outdated system and save lives.
Opponents contend
Critics might raise concerns about patient data privacy and security, the potential for increased cybersecurity risks with expanded electronic access, and the substantial financial and technical burden on smaller or rural hospitals to implement these new systems, especially those with limited IT infrastructure or internet access.
The bill is concise and can be read and understood within a short timeframe, allowing for a quick assessment of its core provisions.
Section 2(a)(1)(C)
Mandatory Automated Electronic Notification and EHR Access for Organ Procurement Agencies
This provision requires hospitals participating in Medicare and Medicaid to automatically send electronic notifications to their designated organ procurement agency (OPA) and provide remote electronic access to a potential organ donor's health records. This must occur when the records indicate the patient is deceased or death is imminent, as per existing protocols. This requirement takes effect two years after the bill's enactment.
Supporters argue
Supporters argue this provision will significantly improve the timeliness and accuracy of OPA notifications, reducing missed opportunities for organ donation and ultimately saving lives by increasing the supply of transplantable organs. They contend it modernizes an outdated system.
Critics contend
Critics may argue that mandating automated EHR access raises significant patient privacy and data security concerns, potentially exposing sensitive health information to more entities. They might also highlight the substantial financial and technical burden on hospitals to implement secure, interoperable systems within the two-year timeframe.
Tradeoffs
This provision balances the urgent need to increase organ donation rates and improve system efficiency against concerns regarding patient data privacy, cybersecurity risks, and the implementation costs and technical challenges for hospitals.
Section 2(a)(2)
Exemptions for Hardship, Cybersecurity Attacks, and Disasters
This section allows the Secretary of Health and Human Services to grant exemptions to hospitals and critical access hospitals from the automated notification and remote EHR access requirement. Exemptions can be granted for three years due to significant hardship (e.g., rural areas with poor internet) or other exceptional circumstances. Automatic one-year exemptions are provided for hospitals affected by cybersecurity attacks or natural/man-made disasters, with possible extensions. The Secretary must report annually on granted exemptions.
Section 2(b)
HHS Guidance for Implementation and Communication
The Secretary of Health and Human Services is mandated to issue guidance within one year of enactment. This guidance will cover best practices for hospitals, OPAs, and EHR companies to comply with the new electronic notification and access requirements, drawing on existing experiences. Additionally, guidance will be issued to State health agencies on how to best explain these new requirements to organ donors, potential donors, and their family members.
Section 2(c)
GAO Study on Implementation and Outcomes
The Comptroller General of the United States is required to conduct a study on the implementation of the new automated electronic notification and remote access requirement. This study must assess implementation costs, the impact of hospital location (especially rural broadband access), and review the Secretary's exemption reports. Within three years, the Comptroller General must submit a report to Congress detailing the study's results, including an analysis of organ transplant outcomes data, a review of patient data security issues, and recommendations for further action.