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Title: The Equitable Organ Transplant Access Act of 2025
Section 1: Short Title
This Act may be cited as the “Equitable Organ Transplant Access Act of 2025.”
Section 2: Findings
Congress finds that:
- Organ transplants are life-saving procedures essential for patients with end-stage organ failure.
- Decisions regarding organ transplantation should be based on medical necessity and survival likelihood, not on the vaccination status of an individual against diseases like COVID-19 or any other known or yet unknown decease.
- There have been instances where individuals were denied organ transplants due to their vaccination status, which could set a precedent for unjust discrimination.
- The ethical obligation of medical institutions includes providing care based on need and potential benefit, not on compliance with vaccination mandates unrelated to the transplant process itself.
Section 3: Definitions
For the purposes of this Act:
- “Organ Transplant” means any medical procedure where an organ is transferred from a donor to a recipient for the purpose of replacing an organ that is diseased or not functioning properly.
- “Covered Entity” includes any hospital, transplant center, organ procurement organization, or any other health care facility directly involved in the organ donation and transplantation process.
- “Vaccination Status” refers to whether an individual has received a specific vaccine, including but not limited to vaccines against infectious diseases like COVID-19 or any other known or yet unknown decease.
Section 4: Prohibition of Discrimination Based on Vaccination Status
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Prohibition: It shall be unlawful for any covered entity to:
- Deny an individual the opportunity to be listed for an organ transplant based solely on their vaccination status.
- Lower an individual’s priority on transplant waiting lists due to their vaccination status.
- Refuse to provide evaluation, counseling, or post-transplant care related to an organ transplant based on vaccination status.
- Deny medical services or referrals necessary for transplant evaluation or care because of an individual’s vaccination status.
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Exceptions: This section does not apply if:
- Medical evidence directly related to the organ transplant procedure shows that the individual’s vaccination status poses a significant risk to the success of the transplant or the health of the transplant community.
- There are specific, medically justified requirements for vaccinations directly linked to the transplant process (e.g., to prevent organ rejection or infection).
Section 5: Enforcement
- Investigation and Compliance: The Department of Health and Human Services (HHS) shall have the authority to investigate complaints under this Act. Non-compliant entities may face fines, loss of federal funding, or other penalties as determined by the HHS.
- Right to Sue: Any individual denied an organ transplant or related services based on their vaccination status in violation of this Act may bring a civil action in an appropriate court for injunctive relief, damages, or both.
Section 6: Reporting and Oversight
- Covered entities shall report annually to the HHS detailing any instances where vaccination status was considered in transplant decisions, explaining the medical rationale for any denials or delays due to vaccination status.
Section 7: Non-Discrimination Policy
- Covered entities must adopt and prominently display a policy stating that denial of organ transplants based on vaccination status is prohibited and that decisions are made based on medical criteria, patient safety, and equity.
Section 8: Effective Date
This Act shall take effect 180 days after its enactment, allowing time for covered entities to adjust their policies and procedures in compliance with this legislation.
Section 9: Severability
If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 10: Authorization of Appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
This proposed legislation aims to ensure that medical decisions in organ transplantation are based on the health needs of the patient and clinical outcomes rather than on their vaccination status, promoting fairness and equity in healthcare access.