Honor Our Living Donors Act
- Sponsor
- Rep. Obernolte, Jay [R-CA-23]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Jan 22, 2025
Bottom line
This bill aims to remove financial barriers for living organ donors by ensuring their expenses are reimbursed without regard to the recipient's income, while also increasing transparency regarding the sufficiency of federal funding for these reimbursements.
What it actually does
This bill amends the Public Health Service Act to prohibit grant recipients from considering the income of organ recipients when providing reimbursement of expenses to living organ donors. It also removes a provision that allowed for the expectation of payments by organ recipients. Furthermore, the bill mandates that the Secretary of Health and Human Services submit an annual public report to Congress detailing the adequacy of funding for donor expense reimbursement and identifying any shortfalls.
Proponents argue
Supporters argue this bill will encourage more living organ donations by removing a potential financial disincentive for donors, ensuring that reimbursement is based solely on the donor's qualifying expenses, not the recipient's financial status. They contend it promotes equity in access to transplantation by preventing a recipient's income from indirectly affecting a donor's decision or ability to donate, and the annual report will ensure accountability for the program's funding.
Opponents contend
Critics might argue that while the intent to remove financial barriers is laudable, merely removing income consideration for recipients without guaranteeing increased funding could exacerbate existing shortfalls in the grant program, potentially shifting the burden or creating new reimbursement challenges. Some may also raise concerns about the administrative burden and costs associated with the new annual reporting requirement on the Department of Health and Human Services.
The bill is very short and clearly written, making it highly accessible for readers to understand its provisions quickly and thoroughly.
Section 2, amending Section 377 of the Public Health Service Act (42 U.S.C. 274f)
Prohibiting Income Consideration for Donor Reimbursement
This provision amends the Public Health Service Act to explicitly state that entities receiving federal grants to reimburse living organ donors for their expenses cannot consider the income of the organ recipient when providing that reimbursement. This ensures that a donor's ability to receive reimbursement for qualifying expenses, such as travel, lodging, and lost wages, is not influenced by the financial status of the person receiving the organ.
Supporters argue
Supporters argue this provision removes a significant financial disincentive for potential living organ donors, promoting altruism and potentially increasing the pool of available organs. They contend it ensures fairness, as a donor's selfless act should not be financially constrained by the recipient's economic situation.
Critics contend
No specific opposition is typically raised against the principle of removing financial barriers for living donors. However, some might express concern that if the underlying grant funding is insufficient, this change could exacerbate funding shortfalls, potentially leading to a different set of reimbursement challenges.
Tradeoffs
The primary tension is balancing the desire to remove financial barriers for donors with the need to ensure adequate and sustainable funding for the reimbursement program. While this provision addresses the former, it highlights the importance of the latter.
Section 3, amending Section 377(e) of the Public Health Service Act (42 U.S.C. 274f(e))
Eliminating Recipient Payment Expectation
This section amends existing law by striking a paragraph that previously allowed for the expectation of payments by organ recipients to donating individuals. By removing this language, the bill reinforces the principle that living organ donation should be a purely altruistic act, free from any direct financial transactions or expectations of payment from the recipient to the donor, beyond the authorized reimbursements for donor expenses.
Section 4, adding subsection (h) to Section 377 of the Public Health Service Act (42 U.S.C. 274f)
Annual Report on Funding Adequacy
This section adds a new requirement for the Secretary of Health and Human Services to submit an annual report to Congress and make it publicly available by December 31st each year. The report must assess whether the federal grant program provided adequate funding during the preceding fiscal year to reimburse all living organ donors for their qualifying expenses. It also requires the report to include the estimated number of donors who did not receive full reimbursement and the total additional funding estimated to be necessary to fully reimburse all qualifying expenses.