Page:United States Statutes at Large Volume 100 Part 3.djvu/201

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 2009

(d) EFFECTIVE DATES.—(1) The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, without regard to when the criminal conviction was obtained, but shall only apply to a conviction upon a plea of nolo contendere tendered after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to failures or misconduct occurring on or after the date of the enactment of this Act. (3) The provisions— (A) of paragraphs (1), (2), and (3) of section 1128(f) of the Social Security Act (as added by the amendment made by subsection (c)) shall apply to judgments entered, findings made, and pleas entered, before, on, or after the date of the enactment of this Act, and (B) of paragraph (4) of such section shall apply to participation in a program entered into on or after the date of the enactment of this Act.

42 USC 1320a-7a note.

42 USC 1320a-7 note. Ante, p. 2008.

SEC. 9318. HOSPITAL PROTOCOLS FOR ORGAN PROCUREMENT AND STANDARDS FOR ORGAN PROCUREMENT AGENCIES.

(a) IN GENERAL.—Title XI of the Social Security Act is amended by inserting after section 1137 the following new section:

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HOSPITAL PROTOCOLS FOR ORGAN PROCUREMENT AND STANDARDS FOR ORGAN PROCUREMENT AGENCIES

"SEC. 1138. (a)(1) The Secretary shall provide that a hospital meeting the requirements of title XVIII or XIX may participate in the program established under such title only if— "(A) the hospital establishes written protocols for the identification of potential organ donors that— "(i) assure that families of potential organ donors are •;;,,, made aware of the option of organ or tissue donation and their option to decline, '^ "(ii) encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families, and "(iii) require that an organ procurement agency designated by the Secretary pursuant to subsection (b)(l)(F) be '^ notified of potential organ donors; and "(B) In the case of a hospital in which organ transplants are , performed, the hospital is a member of, and abides by the rules and requirements of, the Organ Procurement and Transplantation Network established pursuant to section 372 of the Public r Health Service Act (in this section referred to as the 'Network'). r "(2) For purposes of this subsection, the term 'organ' means a human kidney, liver, heart, lung, pancreas, and any other human organ or tissue specified by the Secretary for purposes of this subsection. "(b)(1) The Secretary shall provide that payment may be made under title XVIII or XIX with respect to organ procurement costs attributable to payments made to an organ procurement agency only if the agency— "(A)(i) is a qualified organ procurement organization (as de? scribed in section 371(b) of the Public Health Service Act) that is J operating under a grant made under section 371(a) of such Act, or (ii) has been certified or recertified by the Secretary within

42 USC 1320b42 USC 1395, 1396.

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42 USC 274.

42 USC 273.

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