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HR 2114119th CongressIn Committee

Block Organ Transplant Purchases from China Act of 2025

Introduced: Mar 14, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

H.R. 2114, the Block Organ Transplant Purchases from China Act of 2025, would prohibit certain organ transplants and related services that have specified connections to the People's Republic of China. Starting January 1, 2026, it would bar payment, coverage, or provision of a “prohibited organ transplant” (and any associated follow-up care, tests, or drugs) unless the action is necessary to save the life of the patient after the transplant. The bill amends multiple major health programs and the National Organ Transplant Act to (1) forbid Medicare, Medicaid, private health plans, and public plans from funding or reimbursing such transplants, and (2) impose criminal and civil penalties on providers who knowingly violate the prohibition. The Secretary of Health and Human Services would issue implementing rules by 2026 to identify prohibited items and the costs used to calculate civil penalties. The core purpose is to block organ transplants connected to China from being funded, covered, or performed under U.S. programs, with a narrow lifesaving exception. It broadens not only the transplant itself but also any related services (laboratory tests, follow-up care, drugs) tied to a prohibited transplant. The law defines “prohibited organ transplant” as those conducted in China or those not procured through the U.S. Organ Procurement and Transplantation Network (OPTN).

Key Points

  • 1Prohibition scope and effective date: Beginning January 1, 2026, no health program or payer may cover or reimburse a prohibited organ transplant or related services, except to save the life of the patient after such a transplant.
  • 2Entities affected: Medicare (Title XVIII), Medicaid (Title XIX), private health insurers (PHSA Part XXVII), and other group health plans would be restricted from paying for prohibited transplants and related services.
  • 3Nota-based penalties: The bill adds a new section to NOTA (Section 402) establishing criminal penalties (fines and up to 2 years in prison) and civil penalties (treble the cost of the prohibited transplant or related services) for violations.
  • 4Definitions: A “prohibited organ transplant” includes transplants performed in the PRC or organs not procured through OPTN, and “specified human organ” includes a broad list (kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, intestine, vascularized composite allograft, and subparts, including fetal tissue).
  • 5Rulemaking requirement: HHS must issue rules by January 1, 2026 to identify prohibited items/services and to determine costs for calculating civil penalties.
  • 6Lifesaving exception: In all cases, items or services tied to a prohibited transplant may be furnished only if needed to save the life of the patient after receiving the prohibited transplant.

Impact Areas

Primary group/area affected: Patients eligible for organ transplants who might otherwise have received organs from China or through non-OPTN sources; health care providers and transplant centers that perform or support organ transplants; and health care payers (Medicare, Medicaid, private insurers).Secondary group/area affected: U.S. health care system administrators and policy makers who must implement the new prohibitions, determine compliance, and enforce penalties; manufacturers and suppliers of post-transplant drugs and services potentially tied to prohibited transplants.Additional impacts: The bill could influence organ procurement dynamics and international sourcing for transplantation, potentially reducing foreign-derived organs in the U.S. and increasing demand for domestically sourced organs. There may be legal and administrative costs associated with implementing the new rules and pursuing civil penalties.
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