What This Bill Does
This bill prevents people from being treated differently in organ donation and transplant decisions based on their COVID-19 vaccination status. It also stops healthcare providers from denying services to patients based on vaccination status if they want to receive payment from Medicare or Medicaid (the government health insurance programs for seniors and low-income people).
Who It Affects
People waiting for organ transplants or donating organs. Healthcare providers who receive Medicare or Medicaid payments. The Veterans Affairs and Defense Department systems that handle organ donations. The organ procurement and transplantation network (the system that matches donors with recipients).
Key Provisions
• No person can be denied the chance to donate an organ or receive an organ transplant because of their COVID-19 vaccination status (Sec. 2(a)(1))
• No person can be given higher or lower priority for organ donation or transplant based on COVID-19 vaccination status (Sec. 2(a)(2))
• COVID-19 infection rates in a geographic area cannot be used to decide if someone is eligible to donate or receive organs (Sec. 2(a)(3))
• Healthcare providers (except skilled nursing facilities, nursing facilities, hospice programs and long-term care facilities) who deny services based on COVID-19 vaccination status cannot receive reimbursement from Medicare and cannot receive federal money through Medicaid (Sec. 2(a)(4))
• These rules apply to all organ donations and transplants in the United States, including those handled by Veterans Affairs and the Defense Department (Sec. 2(b))
What Changes
If this becomes law, vaccination status becomes prohibited information in organ transplant decisions. Healthcare providers would lose Medicare and Medicaid payments if they deny non-emergency services based on vaccination status (with exceptions for nursing homes, hospice and long-term care facilities).
Important Definitions
None defined.
II
118TH CONGRESS
1ST SESSION
S. 164
To prohibit the consideration of COVID–19 vaccination status in determining
eligibility for organ donation or transplantation, and in providing services
to Medicare or Medicaid beneficiaries.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Mr. CRUZ introduced the following bill; which was read twice and referred to
the Committee on Health, Education, Labor, and Pensions
A BILL
To prohibit the consideration of COVID–19 vaccination sta-
tus in determining eligibility for organ donation or trans-
plantation, and in providing services to Medicare or Med-
icaid beneficiaries.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Guarding against In-
4
justice based on Vaccine-status, Ensuring Lifesaving
5
Intervention For Everyone Act’’, the ‘‘GIVE LIFE Act’’,
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or ‘‘Doss’s Act’’.
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•S 164 IS
SEC. 2. PROHIBITIONS.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law—
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(1) no individual may be determined to be ineli-
4
gible for organ donation or receipt of an organ
5
transplant on the basis of the COVID–19 vaccina-
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tion status of the individual;
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(2) no individual may be given a higher or
8
lower priority for such a donation or receipt on such
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basis;
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(3) the incidence of COVID–19 positive rates in
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a geographic area or region, as determined by public
12
health officials, may not be a factor in determining
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eligibility to donate organs or to receive organs; and
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(4) any provider who denies services to any in-
15
dividual based on the COVID–19 vaccination status
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of the individual (other than services furnished by a
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skilled nursing facility (as defined in section 1819(a)
18
of the Social Security Act (42 U.S.C. 1395i–3(a))),
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a nursing facility (as defined in section 1919(a) of
20
such Act (42 U.S.C. 1396r(a))), a hospice program
21
(as defined in section 1861(dd)(2) of such Act (42
22
U.S.C. 1395x(dd)(2))), or a long-term care facility)
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shall not be eligible for reimbursement under the
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Medicare program under title XVIII of the Social
25
Security Act (42 U.S.C. 1395 et seq.), and Federal
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•S 164 IS
financial participation shall not be available for any
1
payment made by a State to such a provider for
2
services furnished as medical assistance under the
3
State’s Medicaid program under title XIX of such
4
Act (42 U.S.C. 1396 et seq.).
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(b) APPLICATION OF REQUIREMENTS.—Paragraphs
6
(1) through (3) of subsection (a) shall apply with respect
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to all organ donations and receipt of organ transplants
8
in the United States, including under the laws adminis-
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tered by the Secretary of Veterans Affairs and the laws
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administered by the Secretary of Defense.
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(c) ORGAN PROCUREMENT AND TRANSPLANTATION
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NETWORK.—Section 372(b) of the Public Health Service
13
Act (42 U.S.C. 274(b)) is amended by adding at the end
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the following:
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‘‘(4) CLARIFICATION REGARDING COVID–19 VAC-
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CINATION STATUS.—The criteria and standards es-
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tablished under paragraph (2) may not include any
18
consideration of the COVID–19 vaccination status of
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organ donors or recipients, or of the incidence of
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COVID–19 positive rates in a geographic area or re-
21
gion, as determined by public health officials.’’.
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Æ
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