§274f — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary can give grants to states, transplant centers, organ procurement groups, and other public or private groups to repay people who make living organ donations for travel, food, and similar nonmedical costs the Secretary allows. Grants should focus first on donors who are most likely unable to pay those costs. Grant makers must not consider the organ recipient’s income when paying donors. The Secretary may also cover people who tried in good faith to donate but did not, and may pay the same types of costs for up to 2 relatives or companions who travel to help the donor. Grants cannot pay for costs that are already paid, or can reasonably be expected to be paid, by state compensation programs, insurance, federal or state health benefits, or prepaid health plans. Key terms: “donating individuals” = donors or those who tried to donate; “qualifying expenses” = the travel, lodging, subsistence, and other permitted nonmedical costs. Congress authorized $5,000,000 for each of fiscal years 2005 through 2009. Starting in fiscal year 2027, by December 31 each year the Secretary must report to Congress whether grant funding was enough and must say how many donors were not fully reimbursed and how much money would be needed to fully reimburse them.

Title 42, §274f

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2026—Subsecs. (c), (d). Pub. L. 119–75, § 6503(a), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 119–75, § 6503(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(3). Pub. L. 119–75, § 6503(b), struck out par. (3) which read as follows: “by the recipient of the organ.” Subsec. (f). Pub. L. 119–75, § 6503(a)(1), redesignated subsec. (e) as subsec. (f). Former subsec. (f) redesignated (g). Subsec. (f)(1). Pub. L. 119–75, § 6503(a)(3)(A), substituted “subsection (d)(1)” for “subsection (c)(1)”. Subsec. (f)(2). Pub. L. 119–75, § 6503(a)(3)(B), substituted “subsection (d)(2)” for “subsection (c)(2)”. Subsec. (g). Pub. L. 119–75, § 6503(a)(1), redesignated subsec. (f) as (g). Subsec. (h). Pub. L. 119–75, § 6503(c), added subsec. (h). 2004—Pub. L. 108–216 amended section catchline and text generally, substituting provisions relating to reimbursement of travel and subsistence expenses incurred toward living organ donation for provisions requiring the Comptroller General to study and report on organ procurement and allocation.

§274f Reimbursement of travel and subsistence expenses incurred toward living organ donation

Summary

Title 42, §274f

Notes & Related Subsidiaries

Editorial Notes

Amendments

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