Permanent OPTN Fee Authority Act
- Bill Number
- S. 2751
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-09-10: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-01-22T14:39:12Z
AI-Generated Summary
Purpose
This legislation, titled the "Permanent OPTN Fee Authority Act," aims to provide a stable funding mechanism for the Organ Procurement and Transplantation Network (OPTN) by authorizing the Secretary of Health and Human Services (HHS) to collect registration fees from OPTN members. It also makes minor updates to OPTN operations to improve data transparency and efficiency in organ transplantation.
Key Provisions
- Fee Collection Authority: The Secretary of HHS may charge registration fees to OPTN members (such as organ procurement organizations and transplant centers) for each patient they add to the national organ transplant waiting list. These fees are dedicated solely to supporting OPTN's day-to-day operations and remain available for use until spent.
- Collection and Distribution Process: Fees can be collected directly by HHS or through grants awarded to OPTN operators. Collected funds are treated as offsetting revenue (reducing the need for general taxpayer funding) and distributed to OPTN awardees only as approved in annual federal budget laws.
- Transparency Requirements: HHS must post detailed information on the OPTN website each calendar quarter, including the amount of fees collected from each member and how the funds are used.
- Data Dashboard Consideration: OPTN is encouraged to create an online dashboard showing key statistics, such as the number and types of transplants performed, organs that entered the system but were not transplanted, and other relevant data, updated more often than once a year.
- Oversight Review: Within two years of enactment, the Government Accountability Office (GAO, an independent agency that audits federal programs) must review the fee collection process and submit a report with recommendations to relevant congressional committees.
Significant Changes to Existing Law
- Amends Section 372 of the Public Health Service Act, which governs OPTN operations, by adding a new subsection on fees—this introduces a permanent authority to charge members for waitlist registrations, which was not previously allowed.
- Makes technical updates to OPTN duties, such as modernizing language (e.g., changing "twenty-four-hour telephone service" to "24-hour telephone or information technology service") and suggesting a public data dashboard for better tracking of transplant outcomes.
- These changes build on the existing OPTN framework without altering core responsibilities like organ allocation or matching donors to recipients.
Potential Impacts
- On Government Agencies: Provides HHS with a new, dedicated revenue stream to fund OPTN without relying solely on annual appropriations, potentially reducing administrative burdens and improving financial predictability for transplant network management.
- On Citizens: Transplant candidates and patients may benefit from more efficient OPTN operations and better public data on wait times and organ utilization, which could lead to improved access to organs. However, fees might indirectly increase costs for healthcare providers, potentially affecting waitlist management.
- On International Relations: Minimal direct impact, as OPTN primarily handles domestic organ procurement and transplantation; any enhancements to data transparency could indirectly support global health discussions on organ donation standards.
Main Stakeholders Affected
- OPTN Members: Organ procurement organizations, transplant hospitals, and related entities will pay the new fees, potentially facing added administrative costs but gaining from sustained network support.
- HHS and Federal Agencies: Gains authority and revenue tools, with added responsibilities for collection, distribution, and reporting.
- Transplant Patients and Families: Indirectly affected through potential improvements in organ matching, waitlist efficiency, and access to performance data.
- Congress and Taxpayers: Benefits from reduced reliance on general funds for OPTN and receives GAO oversight to ensure accountability.
- Healthcare Providers: Involved in waitlist registrations, they may see operational changes from the dashboard and fee processes.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes a clear, congressionally authorized fee mechanism under the Public Health Service Act, ensuring funds are used transparently and only for OPTN purposes; the GAO review adds accountability without creating new enforcement powers.
- Constitutional: Aligns with Congress's authority to regulate interstate commerce and public health (under the Commerce Clause), as organ transplantation involves national coordination; no apparent conflicts with due process or equal protection, as fees apply uniformly to members.
- Political: Could spark debates on funding healthcare networks through user fees versus taxpayer dollars, emphasizing self-sustainability for OPTN; the transparency and dashboard provisions promote public trust in a critical, life-saving system, potentially influencing future health policy on organ donation incentives.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-09-10: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-09-10: Introduced in Senate
Bill Versions
- Permanent OPTN Fee Authority Act — issued 2025-09-10 — PDF (5 pages)