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42 U.S.C. § 274c — Administration
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall designate and maintain an identifiable administrative unit in the Public Health Service to—
(1) administer this part and coordinate with the organ procurement activities under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.];
(2) conduct a program of public information to inform the public of the need for organ donations;
(3) provide technical assistance to organ procurement organizations, the Organ Procurement and Transplantation Network established under [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim), and other entities in the health care system involved in organ donations, procurement, and transplants; and
(4) provide information—
(A) to patients, their families, and their physicians about transplantation; and
(B) to patients and their families about the resources available nationally and in each State, and the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network, in order to assist the patients and families with the costs associated with transplantation.
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Source location: Title 42, Chapter 6A, § 274c; chapter-6a-public-health-service.md
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The Secretary shall designate and maintain an identifiable administrative unit in the Public Health Service to—
(1) administer this part and coordinate with the organ procurement activities under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.];
(2) conduct a program of public information to inform the public of the need for organ donations;
(3) provide technical assistance to organ procurement organizations, the Organ Procurement and Transplantation Network established under [section 274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section274&num=0&edition=prelim), and other entities in the health care system involved in organ donations, procurement, and transplants; and
(4) provide information—
(A) to patients, their families, and their physicians about transplantation; and
(B) to patients and their families about the resources available nationally and in each State, and the comparative costs and patient outcomes at each transplant center affiliated with the organ procurement and transplantation network, in order to assist the patients and families with the costs associated with transplantation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority of Secretary**
(1) The Secretary may make grants for the planning of qualified organ procurement organizations described in subsection (b).
(2) The Secretary may make grants for the establishment, initial operation, consolidation, and expansion of qualified organ procurement organizations described in subsection (b).
**(b) Qualified organizations**
(1) A qualified organ procurement organization for which grants may be made under subsection (a) is an organization which, as determined by the Secretary, will carry out the functions described in paragraph (2) 11 See References in Text note below. and—
(A) is a nonprofit entity,
(B) has accounting and other fiscal procedures (as specified by the Secretary) necessary to assure the fiscal stability of the organization,
(C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.] for the procurement of kidneys,
(D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year period as meeting the performance standards to be a qualified organ procurement organization through a process that either—
(i) granted certification or recertification within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through the earlier of—
(I) January 1, 2002; or
(II) the completion of recertification under the requirements of clause (ii); or
(ii) is defined through regulations that are promulgated by the Secretary by not later than January
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 273
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide for the continued operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b). The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section.
**(b) Composition**
(1) **In general.—** — The Organ Procurement and Transplantation Network shall—
(A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section273&num=0&edition=prelim)), transplant centers, voluntary health associations, and the general public; and
(ii) that shall establish an executive committee and other committees, whose chairpersons shall be selected to ensure continuity of leadership for the board.
(2) The Organ Procurement and Transplantation Network shall—
(A) establish in one location or through regional centers—
(i) a national list of individuals who need organs, and
(ii) a national system, through the use of computers and in accordance with established medical criteria, to match organs and individuals included in the list, especially individuals whose immune system makes it difficult for them to receive organs,
(B) establish membership criteria and medical criteria for allocating organs and provide to members of the public an opportunity to comment with respect
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 274
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395
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Federal law — U.S. Code and appendices · legal_authorities
Page 2893
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395a
(i) shared savings and competitive bidding in FFS
Medicare;
(ii) use of MA-negotiated rates to set FFS Medicare
rates; and
(iii) novel approaches to information development
and sharing that may enable markets to lower cost and
improve quality for FFS Medicare beneficiaries.
SEC. 10. Reducing Obstacles to Improved Patient Care.
Within 1 year of the date of this order, the Secretary
shall propose regulatory changes to the Medicare pro-
gram to reduce the burden on providers and eliminate
regulations that create inefficiencies or otherwise un-
dermine patient outcomes.
SEC. 11. Maximizing Freedom for Medicare Patients and
Providers. (a) Within 180 days of the date of this order,
the Secretary, in coordination with the Commissioner
of Social Security, shall revise current rules or policies
to preserve the Social Security retirement insurance
benefits of seniors who choose not to receive benefits
under Medicare Part A, and propose other administra-
tive improvements to Medicare enrollment processes
for beneficiaries.
(b) Within 1 year of the date of this order, the Sec-
retary shall identify and remove unnecessary barriers
to private contracts that allow Medicare beneficiaries
to obtain the care of their choice and facilitate the de-
velopment of market-driven prices.
SEC. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 511
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 274d
in considering applications for section 273 grants, re-
designated par. (3) as (2) and substituted ‘‘section
273(a)(2)’’ for ‘‘paragraphs (2) and (3) of section 273(a)’’,
and added par. (3).
Subsec. (c). Pub. L. 101–616, § 203(3), inserted ‘‘or con-
tract’’ after ‘‘grant’’ wherever appearing and ‘‘and con-
tracts’’ after ‘‘grants’’ wherever appearing.
1988—Subsec. (b)(3). Pub. L. 100–607 substituted ‘‘para-
graphs (2) and (3) of section 273(a) of this title’’ for
‘‘section 273 of this title for the establishment, initial
operation, or expansion of organ procurement organiza-
tions’’.
§ 274c. Administration
The Secretary shall designate and maintain an
identifiable administrative unit in the Public
Health Service to—
(1) administer this part and coordinate with
the organ procurement activities under title
XVIII of the Social Security Act [42 U.S.C. 1395
et seq.];
(2) conduct a program of public information
to inform the public of the need for organ do-
nations;
(3) provide technical assistance to organ pro-
curement organizations, the Organ Procure-
ment and Transplantation Network estab-
lished under section 274 of this title, and other
entities in the health care system involved in
organ donations, procurement, and trans-
plants; and
(4) provide information—
(A) to patients, their families, and their
physicians about transplantation; and
(B) to patients and their families about
the resources available nationally and in
each State, and the comparative costs and
patient outcomes at each transplant center
affiliated with the organ procurement and
transplantation network, in order to assist
the patients and families with the costs as-
sociated with transplantation.
(July 1, 1944, ch. 373, t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 274c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.