,i #aaith ,,congress #ast ,session ,h4 ,r4 #baad ,,in ,,the ,,house ,,of ,,representatives ,march #ad1 #bjbe,mr4 ,dunn of ,florida 7for himself1 ,mr4 ,bilirakis1 and ,mr4 ,moolenaar7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend titles ,,xviii and ,,xix of the ,social ,security ,act1 title ,,xxvii of the ,public ,health ,service ,act1 and the ,national ,organ ,transplant ,act to prohibit certain organ transplants with specified connections to the ,people's ,republic of ,china4 #a4 ,short title ,this ,act may be cited as the ,block ,organ ,transplant ,purchases from ,china ,act of #bjbe or the ,block ,act of #bjbe4 #b4 ,prohibiting certain organ transplants 7a7 ,medicare ,section #ahfb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciey7a77 is amended-- 7#a7 in paragraph 7#bd71 by striking or at the end2 7#b7 in paragraph 7#be71 by striking the period at the end and inserting 2 or2 and 7#c7 by inserting after paragraph 7#be7 the following new paragraph3 7#bf7 where such expenses are for-- 7,a7 a prohibited organ transplant 7as defined in section #djb7;d7 of the ,national ,organ ,transplant ,act7 furnished on or after ,january #a1 #bjbf2 or 7,b7 any item or service furnished on or after ,january #a1 #bjbf1 in connection with such a prohibited organ transplant1 including a follow-up appointment1 laboratory test1 or drug1 unless such item or service is furnished to save the life of an individual after such individual receives such a prohibited organ transplant4 4 7b7 ,medicaid 7#a7 ,in general ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7a77 is amended-- 7,a7 in paragraph 7#hf71 by striking and at the end2 7,b7 in paragraph 7#hg77;,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after paragraph 7#hg7 the following new paragraph3 7#hh7 provide that no payment may be made under the plan for-- 7,a7 a prohibited organ transplant 7as defined in section #djb7;d7 of the ,national ,organ ,transplant ,act7 furnished on or after ,january #a1 #bjbf2 or 7,b7 any item or service furnished on or after ,january #a1 #bjbf1 in connection with such a prohibited organ transplant1 including a follow-up appointment1 laboratory test1 or drug1 unless such item or service is furnished to save the life of an individual after such individual receives such a prohibited organ transplant4 4 7#b7 ,conforming amendment ,section #aijc7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7i77 is amended-- 7,a7 in paragraph 7#bf71 by striking or at the end2 7,b7 in paragraph 7#bg71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#bg7 the following new paragraph3 7#bh7 with respect to any amount expended for-- 7,a7 a prohibited organ transplant 7as defined in section #djb7;d7 of the ,national ,organ ,transplant ,act7 furnished on or after ,january #a1 #bjbf2 or 7,b7 any item or service furnished on or after ,january #a1 #bjbf1 in connection with such a prohibited organ transplant1 including a follow-up appointment1 laboratory test1 or drug1 unless such item or service is furnished to save the life of an individual after such individual receives such a prohibited organ transplant4 4 7#c7 ,application to managed care entities ,section #aijc7;i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7i771 as amended by paragraph 7#b71 is further amended in the flush left text following paragraph 7#bh7 by striking and 7#ah7 and inserting 7#ah71 and 7#bh74 7c7 ,public ,health ,service ,act 7#a7 ,in general ,subpart ,,ii of part ,a of title ,,xxvii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#aa et seq47 is amended by adding at the end the following new section3 #bgcj4 ,prohibition on coverage for certain organ transplants ,a group health plan1 and a health insurance issuer offering group or individual health insurance coverage1 may not provide coverage for-- 7#a7 a prohibited organ transplant 7as defined in section #djb7;d7 of the ,national ,organ ,transplant ,act72 or 7#b7 any item or service furnished in connection with such a prohibited organ transplant1 including a follow-up appointment1 laboratory test1 or drug1 unless such item or service is furnished to save the life of an individual after such individual receives such a prohibited organ transplant4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to plan years beginning on or after ,january #a1 #bjbf4 7d7 ,penalty for providing certain organ transplants ,title ,,iv of the ,national ,organ ,transplant ,act 7,public ,law #ih-ejg7 is amended by adding at the end the following new section3 #djb4 ,prohibition on certain organ transplants 7a7 ,prohibition ,beginning on ,january #a1 #bjbf1 no health care provider may furnish-- 7#a7 a prohibited organ transplant2 or 7#b7 any item or service in connection with such a prohibited organ transplant1 including a follow-up appointment1 laboratory test1 or drug1 unless such item or service is furnished to save the life of an individual after such individual receives such a prohibited organ transplant4 7b7 ,criminal penalty ,any person who knowingly violates subsection 7a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #b years1 or both4 7c7 ,civil penalty 7#a7 ,in general ,the ,attorney ,general or the attorney general of a ,state where the prohibited organ transplant or item or service described in subsection 7a7 is furnished may bring a civil action in the appropriate ,united ,states district court against any person who knowingly violates subsection 7a7 and1 upon proof of such violation by a preponderance of the evidence1 such person shall be subject to a civil penalty equal to three times the cost of furnishing such prohibited organ transplant or item or service 7as determined by the ,secretary of ,health and ,human ,services74 7#b7 ,authority to intervene ,the ,attorney ,general may intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a74 7d7 ,definitions ,in this section3 7#a7 ,health care provider ,the term health care provider has the meaning given such term in section #aaga of the ,social ,security ,act4 7#b7 ,prohibited organ transplant ,the term prohibited organ transplant means the transplantation of a specified human organ that-- 7,a7 occurs in the ,people's ,republic of ,china2 or 7,b7 transplants a specified human organ that is not procured through the ,organ ,procurement and ,transplantation ,network established under section #cgb of the ,public ,health ,service ,act4 7#c7 ,specified human organ ,the term specified human organ means the human 7including fetal7 kidney1 liver1 heart1 lung1 pancreas1 bone marrow1 cornea1 eye1 bone1 intestine 7including the esophagus1 stomach1 small intestine1 large intestine1 and any other portion of the gastrointestinal tract71 any vascularized composite allograft 7as defined in section #aba4b of title #db1 ,code of ,federal ,regulations 7or any successor regulation771 or any subpart thereof 7including that derived from a fetus74 4 7e7 ,rulemaking ,not later than ,january #a1 #bjbf1 the ,secretary of ,health and ,human ,services shall issue such rules as are necessary to identify-- 7#a7 the items and services prohibited under the amendments made by this section2 and 7#b7 the cost of furnishing a prohibited organ transplant 7as defined in section #djb7;d7 of the ,national ,organ ,transplant ,act1 as amended by this ,act7 or such items and services for purposes of calculating the civil penalty under the amendments made by subsection 7d74