119-hr2114

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2114 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2114

 To amend titles XVIII and XIX of the Social Security Act, title XXVII 
of the Public Health Service Act, and the National Organ Transplant Act 
to prohibit certain organ transplants with specified connections to the 
 People's Republic of China.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 14, 2025

 Mr. Dunn of Florida (for himself, Mr. Bilirakis, and Mr. Moolenaar) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
 each case for consideration of such provisions as fall within the 
 jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

 To amend titles XVIII and XIX of the Social Security Act, title XXVII 
of the Public Health Service Act, and the National Organ Transplant Act 
to prohibit certain organ transplants with specified connections to the 
 People's Republic of China.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Block Organ Transplant Purchases 
from China Act of 2025'' or the ``Block Act of 2025''.

SEC. 2. PROHIBITING CERTAIN ORGAN TRANSPLANTS.

    (a) Medicare.--

Section 1862

    (a) of the Social Security Act (42 
U.S.C. 1395y

    (a) ) is amended--

    (1) in paragraph

    (24) , by striking ``or'' at the end;

    (2) in paragraph

    (25) , by striking the period at the end 
 and inserting ``; or''; and

    (3) by inserting after paragraph

    (25) the following new 
 paragraph:
 ``

    (26) where such expenses are for--
 ``
        (A) a prohibited organ transplant (as defined in 
 

section 402
            (d) of the National Organ Transplant Act) 
 furnished on or after January 1, 2026; or
 ``
        (B) any item or service furnished on or after 
 January 1, 2026, in connection with such a prohibited 
 organ transplant, including a follow-up appointment, 
 laboratory test, or drug, unless such item or service 
 is furnished to save the life of an individual after 
 such individual receives such a prohibited organ 
 transplant.''.

    (b) Medicaid.--

    (1) In general.--

Section 1902

    (a) of the Social Security Act 
 (42 U.S.C. 1396a

    (a) ) is amended--
        (A) in paragraph

    (86) , by striking ``and'' at the 
 end;
        (B) in paragraph

    (87)
            (D) , by striking the period at 
 the end and inserting ``; and''; and
            (C) by inserting after paragraph

    (87) the following 
 new paragraph:
 ``

    (88) provide that no payment may be made under the plan 
 for--
 ``
        (A) a prohibited organ transplant (as defined in 
 

section 402
            (d) of the National Organ Transplant Act) 
 furnished on or after January 1, 2026; or
 ``
        (B) any item or service furnished on or after 
 January 1, 2026, in connection with such a prohibited 
 organ transplant, including a follow-up appointment, 
 laboratory test, or drug, unless such item or service 
 is furnished to save the life of an individual after 
 such individual receives such a prohibited organ 
 transplant.''.

    (2) Conforming amendment.--

Section 1903
            (i) of the Social 
 Security Act (42 U.S.C. 1396b
            (i) ) is amended--
        (A) in paragraph

    (26) , by striking ``or'' at the 
 end;
        (B) in paragraph

    (27) , by striking the period at 
 the end and inserting ``; or''; and
            (C) by inserting after paragraph

    (27) the following 
 new paragraph:
 ``

    (28) with respect to any amount expended for--
 ``
        (A) a prohibited organ transplant (as defined in 
 

section 402
            (d) of the National Organ Transplant Act) 
 furnished on or after January 1, 2026; or
 ``
        (B) any item or service furnished on or after 
 January 1, 2026, in connection with such a prohibited 
 organ transplant, including a follow-up appointment, 
 laboratory test, or drug, unless such item or service 
 is furnished to save the life of an individual after 
 such individual receives such a prohibited organ 
 transplant.''.

    (3) Application to managed care entities.--

Section 1903
            (i) of the Social Security Act (42 U.S.C. 1396b
            (i) ), as amended by 
 paragraph

    (2) , is further amended in the flush left text 
 following paragraph

    (28) by striking ``and

    (18) '' and inserting 
 ``

    (18) , and

    (28) ''.
            (c) Public Health Service Act.--

    (1) In general.--Subpart II of part A of title XXVII of the 
 Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is 
 amended by adding at the end the following new section:

``

SEC. 2730. PROHIBITION ON COVERAGE FOR CERTAIN ORGAN TRANSPLANTS.

 ``A group health plan, and a health insurance issuer offering group 
or individual health insurance coverage, may not provide coverage for--
 ``

    (1) a prohibited organ transplant (as defined in 

section 402
            (d) of the National Organ Transplant Act); or
 ``

    (2) any item or service furnished in connection with such 
 a prohibited organ transplant, including a follow-up 
 appointment, laboratory test, or drug, unless such item or 
 service is furnished to save the life of an individual after 
 such individual receives such a prohibited organ transplant.''.

    (2) Effective date.--The amendment made by paragraph

    (1) shall apply with respect to plan years beginning on or after 
 January 1, 2026.
            (d) Penalty for Providing Certain Organ Transplants.--Title IV of 
the National Organ Transplant Act (Public Law 98-507) is amended by 
adding at the end the following new section:

``

SEC. 402. PROHIBITION ON CERTAIN ORGAN TRANSPLANTS.

 ``

    (a) Prohibition.--Beginning on January 1, 2026, no health care 
provider may furnish--
 ``

    (1) a prohibited organ transplant; or
 ``

    (2) any item or service in connection with such a 
 prohibited organ transplant, including a follow-up appointment, 
 laboratory test, or drug, unless such item or service is 
 furnished to save the life of an individual after such 
 individual receives such a prohibited organ transplant.
 ``

    (b) Criminal Penalty.--Any person who knowingly violates 
subsection

    (a) shall be fined under title 18, United States Code, 
imprisoned for not more than 2 years, or both.
 ``
            (c) Civil Penalty.--
 ``

    (1) In general.--The Attorney General or the attorney 
 general of a State where the prohibited organ transplant or 
 item or service described in subsection

    (a) is furnished may 
 bring a civil action in the appropriate United States district 
 court against any person who knowingly violates subsection

    (a) and, upon proof of such violation by a preponderance of the 
 evidence, such person shall be subject to a civil penalty equal 
 to three times the cost of furnishing such prohibited organ 
 transplant or item or service (as determined by the Secretary 
 of Health and Human Services).
 ``

    (2) Authority to intervene.--The Attorney General may 
 intervene in any civil action brought by the attorney general 
 of a State under paragraph

    (1) .
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) Health care provider.--The term `health care 
 provider' has the meaning given such term in 

section 1171 of 
 the Social Security Act.
 ``

    (2) Prohibited organ transplant.--The term `prohibited 
 organ transplant' means the transplantation of a specified 
 human organ that--
 ``
        (A) occurs in the People's Republic of China; or
 ``
        (B) transplants a specified human organ that is 
 not procured through the Organ Procurement and 
 Transplantation Network established under 

section 372 
 of the Public Health Service Act.
 ``

    (3) Specified human organ.--The term `specified human 
 organ' means the human (including fetal) kidney, liver, heart, 
 lung, pancreas, bone marrow, cornea, eye, bone, intestine 
 (including the esophagus, stomach, small intestine, large 
 intestine, and any other portion of the gastrointestinal 
 tract), any vascularized composite allograft (as defined in 
 

section 121.2 of title 42, Code of Federal Regulations (or any 
 successor regulation)), or any subpart thereof (including that 
 derived from a fetus).''.

    (e) Rulemaking.--Not later than January 1, 2026, the Secretary of 
Health and Human Services shall issue such rules as are necessary to 
identify--

    (1) the items and services prohibited under the amendments 
 made by this section; and

    (2) the cost of furnishing a prohibited organ transplant 
 (as defined in 

section 402
            (d) of the National Organ Transplant 
 Act, as amended by this Act) or such items and services for 
 purposes of calculating the civil penalty under the amendments 
 made by subsection
            (d) .
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