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42 U.S.C. § 274c — Administration

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 274c — Administration

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

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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, title III, § 375, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346; amended Pub. L. 100–607, title IV, § 405, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 101–616, title II, § 204, Nov. 16, 1990, 104 Stat. 3285; Pub. L. 118–14, § 3(3), Sept. 22, 2023, 137 Stat. 69.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the So- cial Security Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of this title. For com- plete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 375 of act July 1, 1944, added by act Aug. 3, 1956, ch. 907, § 1, 70 Stat. 962, which related to definitions, was renumbered section 385 and classified to section 279 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 2023—Pars. (1), (2). Pub. L. 118–14, § 3(3)(A), substituted semicolon for comma at end. Par. (3). Pub. L. 118–14, § 3(3)(B), substituted ‘‘trans- plants; and’’ for ‘‘transplants, and’’. Par. (4). Pub. L. 118–14, § 3(3)(C), redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. 1990—Pub. L. 101–616, § 204(a), struck out ‘‘, during fis- cal years 1985 through 1990,’’ after ‘‘The Secretary shall’’. Par. (3). Pub. L. 101–616, § 204(b)(1), struck out ‘‘receiv- ing funds under section 273 of this title’’ after ‘‘organ procurement organizations’’. Par. (4). Pub. L. 101–616, § 204(b)(2), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘not later than April 1 of each of the years 1989 and 1990, submit to the Congress a report on the status of organ donation and coordination services and include in the report an analysis of the efficiency and effective- ness of the procurement and allocation of organs and a description of problems encountered in the procure- ment and allocation of organs.’’ 1988—Pub. L. 100–607, in introductory provisions, sub- stituted ‘‘1985 through 1990’’ for ‘‘1985, 1986, 1987, and 1988’’ and, in par. (4), substituted ‘‘not later than April 1 of each of the years 1989 and 1990, submit to the Con- gress a report’’ for ‘‘one year after the date on which the Task Force on Organ Transplantation transmits its final report under section 104(c) of the National Organ Transplant Act, and annually thereafter through fiscal year 1988, submit to Congress an annual report’’. § 274d. Report Not later than 2 years after September 22, 2023, and every second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Rep- resentatives and the Committee on Health, Edu- cation, Labor, and Pensions of the Senate, a re- port on the scientific and clinical status of organ transplantation. The Secretary shall con- sult with the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration in the preparation of the report. (July 1, 1944, ch. 373, title III, § 376, as added Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2346; amended Pub. L. 100–607, title IV, § 406, Nov. 4, 1988, 102 Stat. 3116; Pub. L. 101–616, title II, § 205, Nov. 16, 1990, 104 Stat. 3285; Pub. L. 118–14, § 3(4), Sept. 22, 2023, 137 Stat. 70.) Editorial Notes PRIOR PROVISIONS A prior section 376 of act July 1, 1944, added by act Aug. 3, 1956, ch. 907, § 1, 70 Stat. 962, which related to Li- brary facilities, was renumbered section 386 and classi- fied to section 280 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879. AMENDMENTS 2023—Pub. L. 118–14 substituted ‘‘2 years after Sep- tember 22, 2023, and every second year thereafter’’ for ‘‘February 10 of 1991 and of each second year there- after’’ and ‘‘Committee on Health, Education, Labor, and Pensions of the Senate,’’ for ‘‘Committee on Labor and Human Resources of the Senate.’’. 1990—Pub. L. 101–616 substituted ‘‘Not later than Feb- ruary 10 of 1991 and of each second year thereafter, the Secretary shall publish, and submit to the Committee on Energy and Commerce of the House of Representa- tives and the Committee on Labor and Human Re- sources of the Senate.’’ for ‘‘The Secretary shall, not later than October 1 of each year, publish’’. 1988—Pub. L. 100–607 substituted ‘‘shall, not later than October 1 of each year,’’ for ‘‘shall annually’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](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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