§ 274. Organ procurement and transplantation network
(a)
Contract authority of Secretary; limitation; available appropriations
The Secretary shall by contract provide for the establishment and operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b) of this section. The amount provided under such contract in any fiscal year may not exceed $7,000,000. Funds for such contracts shall be made available from funds available to the Public Health Service from appropriations for fiscal years beginning after fiscal year 1984.
(b)
Functions
(1)
The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall—
(A)
be a private nonprofit entity that has an expertise in organ procurement and transplantation, and
(B)
have a board of directors—
(i)
that includes representatives of organ procurement organizations (including organizations that have received grants under section
273 of this title), transplant centers, voluntary health associations, and the general public; and
(2)
The Organ Procurement and Transplantation Network shall—
(B)
establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect to such criteria,
(C)
maintain a twenty-four-hour telephone service to facilitate matching organs with individuals included in the list,
(D)
assist organ procurement organizations in the nationwide distribution of organs equitably among transplant patients,
(E)
adopt and use standards of quality for the acquisition and transportation of donated organs, including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome,
(F)
prepare and distribute, on a regionalized basis (and, to the extent practicable, among regions or on a national basis), samples of blood sera from individuals who are included on the list and whose immune system makes it difficult for them to receive organs, in order to facilitate matching the compatibility of such individuals with organ donors,
(G)
coordinate, as appropriate, the transportation of organs from organ procurement organizations to transplant centers,
(J)
carry out studies and demonstration projects for the purpose of improving procedures for organ procurement and allocation,
(L)
submit to the Secretary an annual report containing information on the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network,
(M)
recognize the differences in health and in organ transplantation issues between children and adults throughout the system and adopt criteria, polices, and procedures that address the unique health care needs of children,
(N)
carry out studies and demonstration projects for the purpose of improving procedures for organ donation procurement and allocation, including but not limited to projects to examine and attempt to increase transplantation among populations with special needs, including children and individuals who are members of racial or ethnic minority groups, and among populations with limited access to transportation, and
(c)
Consideration of critical comments
The Secretary shall establish procedures for—