Hospital Requests Breakup with Organ Procurement Partner, Seeks Comments
Published Date: 12/8/2025
Notice
Summary
A hospital has asked for a special waiver so it doesn’t have to work with its usual organ donation group. CMS wants to hear from the public and organ groups before deciding. If you want to share your thoughts, make sure to comment by February 6, 2026!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Public comment chance on waiver
CMS published a notice that a hospital applied for a waiver to use a different organ procurement organization and is asking OPOs and the public to submit written comments by February 6, 2026. You can send comments electronically at https://www.regulations.gov or by mail to the addresses in the notice (refer to file code CMS-1855-NC).
Legal standard for granting waivers
Under section 1138(a)(2)(A) of the Social Security Act, the Secretary shall grant a hospital's waiver request if the waiver is expected to increase organ donations and will ensure equitable treatment of patients referred for transplants within the relevant OPO service areas. The Secretary may consider factors such as cost effectiveness, improvements in quality, changes from metropolitan statistical area definitions, and length of a hospital's relationship with an alternate OPO.
Northern Nevada hospital requested OPO change
Sparks Family Hospital Inc., doing business as Northern Nevada Medical Center in Sparks, Nevada, submitted a waiver request to work with Nevada Donor Network, Inc. instead of its currently designated OPO, Donor Network West (San Ramon, California). CMS will review comments and make a final determination and will notify the hospital and both OPOs.
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