I
119THCONGRESS
1
STSESSION 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
MARCH14, 2025
Mr. D
UNNof Florida (for himself, Mr. BILIRAKIS, and Mr. MOOLENAAR) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 jurisdic-
tion 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 Representa-1
tives of the United States of America in Congress assembled, 2
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SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Block Organ Trans-2
plant Purchases from China Act of 2025’’ or the ‘‘Block 3
Act of 2025’’. 4
SEC. 2. PROHIBITING CERTAIN ORGAN TRANSPLANTS. 5
(a) M
EDICARE.—Section 1862(a) of the Social Secu-6
rity Act (42 U.S.C. 1395y(a)) is amended— 7
(1) in paragraph (24), by striking ‘‘or’’ at the 8
end; 9
(2) in paragraph (25), by striking the period at 10
the end and inserting ‘‘; or’’; and 11
(3) by inserting after paragraph (25) the fol-12
lowing new paragraph: 13
‘‘(26) where such expenses are for— 14
‘‘(A) a prohibited organ transplant (as de-15
fined in section 402(d) of the National Organ 16
Transplant Act) furnished on or after January 17
1, 2026; or 18
‘‘(B) any item or service furnished on or 19
after January 1, 2026, in connection with such 20
a prohibited organ transplant, including a fol-21
low-up appointment, laboratory test, or drug, 22
unless such item or service is furnished to save 23
the life of an individual after such individual re-24
ceives such a prohibited organ transplant.’’. 25
(b) M
EDICAID.— 26
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(1) IN GENERAL.—Section 1902(a) of the So-1
cial Security Act (42 U.S.C. 1396a(a)) is amend-2
ed— 3
(A) in paragraph (86), by striking ‘‘and’’ 4
at the end; 5
(B) in paragraph (87)(D), by striking the 6
period at the end and inserting ‘‘; and’’; and 7
(C) by inserting after paragraph (87) the 8
following new paragraph: 9
‘‘(88) provide that no payment may be made 10
under the plan for— 11
‘‘(A) a prohibited organ transplant (as de-12
fined in section 402(d) of the National Organ 13
Transplant Act) furnished on or after January 14
1, 2026; or 15
‘‘(B) any item or service furnished on or 16
after January 1, 2026, in connection with such 17
a prohibited organ transplant, including a fol-18
low-up appointment, laboratory test, or drug, 19
unless such item or service is furnished to save 20
the life of an individual after such individual re-21
ceives such a prohibited organ transplant.’’. 22
(2) C
ONFORMING AMENDMENT .—Section 23
1903(i) of the Social Security Act (42 U.S.C. 24
1396b(i)) is amended— 25
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(A) in paragraph (26), by striking ‘‘or’’ at 1
the end; 2
(B) in paragraph (27), by striking the pe-3
riod at the end and inserting ‘‘; or’’; and 4
(C) by inserting after paragraph (27) the 5
following new paragraph: 6
‘‘(28) with respect to any amount expended 7
for— 8
‘‘(A) a prohibited organ transplant (as de-9
fined in section 402(d) of the National Organ 10
Transplant Act) furnished on or after January 11
1, 2026; or 12
‘‘(B) any item or service furnished on or 13
after January 1, 2026, in connection with such 14
a prohibited organ transplant, including a fol-15
low-up appointment, laboratory test, or drug, 16
unless such item or service is furnished to save 17
the life of an individual after such individual re-18
ceives such a prohibited organ transplant.’’. 19
(3) A
PPLICATION TO MANAGED CARE ENTI -20
TIES.—Section 1903(i) of the Social Security Act 21
(42 U.S.C. 1396b(i)), as amended by paragraph (2), 22
is further amended in the flush left text following 23
paragraph (28) by striking ‘‘and (18)’’ and inserting 24
‘‘(18), and (28)’’. 25
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(c) PUBLICHEALTHSERVICEACT.— 1
(1) I
N GENERAL.—Subpart II of part A of title 2
XXVII of the Public Health Service Act (42 U.S.C. 3
300gg–11 et seq.) is amended by adding at the end 4
the following new section: 5
‘‘SEC. 2730. PROHIBITION ON COVERAGE FOR CERTAIN 6
ORGAN TRANSPLANTS. 7
‘‘A group health plan, and a health insurance issuer 8
offering group or individual health insurance coverage, 9
may not provide coverage for— 10
‘‘(1) a prohibited organ transplant (as defined 11
in section 402(d) of the National Organ Transplant 12
Act); or 13
‘‘(2) any item or service furnished in connection 14
with such a prohibited organ transplant, including a 15
follow-up appointment, laboratory test, or drug, un-16
less such item or service is furnished to save the life 17
of an individual after such individual receives such 18
a prohibited organ transplant.’’. 19
(2) E
FFECTIVE DATE.—The amendment made 20
by paragraph (1) shall apply with respect to plan 21
years beginning on or after January 1, 2026. 22
(d) P
ENALTY FOR PROVIDINGCERTAINORGAN 23
T
RANSPLANTS.—Title IV of the National Organ Trans-24
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plant Act (Public Law 98–507) is amended by adding at 1
the end the following new section: 2
‘‘SEC. 402. PROHIBITION ON CERTAIN ORGAN TRANS-3
PLANTS. 4
‘‘(a) P
ROHIBITION.—Beginning on January 1, 2026, 5
no health care provider may furnish— 6
‘‘(1) a prohibited organ transplant; or 7
‘‘(2) any item or service in connection with such 8
a prohibited organ transplant, including a follow-up 9
appointment, laboratory test, or drug, unless such 10
item or service is furnished to save the life of an in-11
dividual after such individual receives such a prohib-12
ited organ transplant. 13
‘‘(b) C
RIMINALPENALTY.—Any person who know-14
ingly violates subsection (a) shall be fined under title 18, 15
United States Code, imprisoned for not more than 2 years, 16
or both. 17
‘‘(c) C
IVILPENALTY.— 18
‘‘(1) I
N GENERAL.—The Attorney General or 19
the attorney general of a State where the prohibited 20
organ transplant or item or service described in sub-21
section (a) is furnished may bring a civil action in 22
the appropriate United States district court against 23
any person who knowingly violates subsection (a) 24
and, upon proof of such violation by a preponder-25
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ance of the evidence, such person shall be subject to 1
a civil penalty equal to three times the cost of fur-2
nishing such prohibited organ transplant or item or 3
service (as determined by the Secretary of Health 4
and Human Services). 5
‘‘(2) A
UTHORITY TO INTERVENE .—The Attor-6
ney General may intervene in any civil action 7
brought by the attorney general of a State under 8
paragraph (1). 9
‘‘(d) D
EFINITIONS.—In this section: 10
‘‘(1) H
EALTH CARE PROVIDER .—The term 11
‘health care provider’ has the meaning given such 12
term in section 1171 of the Social Security Act. 13
‘‘(2) P
ROHIBITED ORGAN TRANSPLANT .—The 14
term ‘prohibited organ transplant’ means the trans-15
plantation of a specified human organ that— 16
‘‘(A) occurs in the People’s Republic of 17
China; or 18
‘‘(B) transplants a specified human organ 19
that is not procured through the Organ Pro-20
curement and Transplantation Network estab-21
lished under section 372 of the Public Health 22
Service Act. 23
‘‘(3) S
PECIFIED HUMAN ORGAN .—The term 24
‘specified human organ’ means the human (including 25
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fetal) kidney, liver, heart, lung, pancreas, bone mar-1
row, cornea, eye, bone, intestine (including the 2
esophagus, stomach, small intestine, large intestine, 3
and any other portion of the gastrointestinal tract), 4
any vascularized composite allograft (as defined in 5
section 121.2 of title 42, Code of Federal Regula-6
tions (or any successor regulation)), or any subpart 7
thereof (including that derived from a fetus).’’. 8
(e) R
ULEMAKING.—Not later than January 1, 2026, 9
the Secretary of Health and Human Services shall issue 10
such rules as are necessary to identify— 11
(1) the items and services prohibited under the 12
amendments made by this section; and 13
(2) the cost of furnishing a prohibited organ 14
transplant (as defined in section 402(d) of the Na-15
tional Organ Transplant Act, as amended by this 16
Act) or such items and services for purposes of cal-17
culating the civil penalty under the amendments 18
made by subsection (d). 19
Æ
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