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42 U.S.C. § 274fReimbursement of travel and subsistence expenses incurred toward living organ donation

submitted 82 years ago by Pub. L. 101-616 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 547 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may fund grants to reimburse living organ donors for travel, living, and approved incidental expenses, prioritizing donors who otherwise couldn't afford them. Grantees cannot factor in the organ recipient's income, and reimbursement must not duplicate coverage from insurance or other programs.

(a) In general: The Secretary may award grants to states, transplant centers, qualified organ procurement organizations under section 273, or other public or private entities, to (1) reimburse travel and living expenses that individuals incur while making a living organ donation ("donating individuals"), and (2) reimburse other incidental, nonmedical expenses the Secretary decides by regulation are appropriate. (b) Preference: When carrying out (a), the Secretary must give preference to individuals more likely to otherwise be unable to afford these expenses. (c) No consideration of income of organ recipient: A grantee reimbursing a donating individual cannot take the organ recipient's income into account at all. (d) Certain circumstances: The Secretary may treat "donating individuals" as including people who, in good faith, incurred qualifying expenses intending to donate, even if the donation ultimately didn't happen for reasons the Secretary finds appropriate. The Secretary may also treat "qualifying expenses" as covering the costs of up to 2 relatives or others who accompany or assist the donor, but only for the same types of expenses paid for the donor. (e) Relationship to payments under other programs: A grant recipient must agree not to spend the grant on a donor's expenses to the extent those expenses have been, or reasonably can be expected to be, paid by a state compensation program, insurance, a federal or state health benefits program, or a prepaid health services entity. (f) Definitions: "Donating individuals" and "qualifying expenses" have the meanings given in (a), as expanded by (d). (g) Authorization of appropriations: $5,000,000 is authorized to be appropriated for this section for each of fiscal years 2005 through 2009. (h) Annual report: Starting in fiscal year 2027, by December 31 of each year, the Secretary must prepare, submit to Congress, and make public a report on whether the grants under this section gave enough funding the prior year to reimburse all participating donors for all their qualifying expenses. Each report must include the estimated number of donors who did not get full reimbursement that year, and the total additional funding estimated as necessary to fully reimburse everyone.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary may award grants to States, transplant centers, qualified organ procurement organizations under section 273 of this title, or other public or private entities for the purpose of—

(1)

providing for the reimbursement of travel and subsistence expenses incurred by individuals toward making living donations of their organs (in this section referred to as “donating individuals”); and

(2)

providing for the reimbursement of such incidental nonmedical expenses that are so incurred as the Secretary determines by regulation to be appropriate.

(b) Preference

The Secretary shall, in carrying out subsection (a), give preference to those individuals that the Secretary determines are more likely to be otherwise unable to meet such expenses.

(c) No consideration of income of organ recipient

The recipient of a grant under this section, in providing reimbursement to a donating individual through such grant, shall not give any consideration to the income of the organ recipient.

(d) Certain circumstances

The Secretary may, in carrying out subsection (a), consider—

(1)

the term “donating individuals” as including individuals who in good faith incur qualifying expenses toward the intended donation of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donation of the organ occurs; and

(2)

the term “qualifying expenses” as including the expenses of having relatives or other individuals, not to exceed 2, accompany or assist the donating individual for purposes of subsection (a) (subject to making payment for only those types of expenses that are paid for a donating individual).

(e) Relationship to payments under other programs

An award may be made under subsection (a) only if the applicant involved agrees that the award will not be expended to pay the qualifying expenses of a donating individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses—

(1)

under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or

(2)

by an entity that provides health services on a prepaid basis.

(f) Definitions

For purposes of this section:

(1)

The term “donating individuals” has the meaning indicated for such term in subsection (a)(1), subject to subsection (d)(1).

(2)

The term “qualifying expenses” means the expenses authorized for purposes of subsection (a), subject to subsection (d)(2).

(g) Authorization of appropriations

For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2005 through 2009.

(h) Annual report

Not later than December 31 of each year, beginning in fiscal year 2027, the Secretary shall—

(1)

prepare, submit to the Congress, and make public a report on whether grants under this section provided adequate funding during the preceding fiscal year to reimburse all donating individuals participating in the grant program under this section for all qualifying expenses; and

(2)

include in each such report—

(A)

the estimated number of all donating individuals participating in the grant program under this section who did not receive reimbursement for all qualifying expenses during the preceding fiscal year; and

(B)

the total amount of funding that is estimated to be necessary to fully reimburse all donating individuals participating in the grant program under this section for all qualifying expenses.

Source credit: (July 1, 1944, ch. 373, title III, § 377, as added Pub. L. 101–616, title II, § 206(a), Nov. 16, 1990, 104 Stat. 3285; amended Pub. L. 108–216, § 3, Apr. 5, 2004, 118 Stat. 584; Pub. L. 119–75, div. J, title V, § 6503, Feb. 3, 2026, 140 Stat. 692.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 101-616 · 104 Stat. 3285
  • 2004Amended · Pub. L. 108-216 · 118 Stat. 584
  • 2026Amended · Pub. L. 119-75 · 140 Stat. 692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-616 on 1944-07-01.

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