PUBLIC LAW 106-505—NOV. 13, 2000
114 STAT. 2347
Act (42 U.S.C. 13201>-8(b)(l)(A)(i)) to extend the period for
recertification of an organ procurement organization from 2
to 4 years on the basis of its past practices in order to avoid
the inappropriate disruption of the nation's organ system.
(6) The Secretary of Health and Human Services can use
the extended period described in paragraph (5) for recertification of all organ procurement organizations to—
(A) develop improved performance measures that
would reflect organ donor potential and interim outcomes,
and to test these measures to ensure that they accurately
measure performance differences among the organ procurement organizations; and
(B) improve the overall certification process by incorporating process as well as outcome performance measures,
and developing equitable processes for appeals.
(c) CERTIFICATION AND RECERTIFICATION OF ORGAN PROCURE-
MENT ORGANIZATIONS. —Section 371(b)(1) of the Public Health
Service Act (42 U.S.C. 273(b)(1)) is amended—
(1) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively;
(2) by realigning the margin of subparagraph (F) (as so
redesignated) so as to align with subparagraph (E) (as so
redesignated); and
(3) by inserting after subparagraph (C) the following:
"(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
"(H) the completion of recertification under the
requirements of clause (ii); or
"(ii) is defined through regulations that are promul- Deadline,
gated by the Secretary by not later than January 1, 2002,
that-
'll) require recertifications of qualified organ
procurement organizations not more frequently than
once every 4 years;
"(II) rely on outcome and process performance
measures that are based on empirical evidence,
obtained through reasonable efforts, of organ donor
potential and other related factors in each service area
of qualified organ procurement organizations;
"(III) use multiple outcome measures as part of
the certification process; and
"(IV) provide for a qualified organ procurement
organization to appeal a decertification to the Secretary
on substantive and procedural grounds;",
SEC. 702. DESIGNATION OF GIVE THANKS, GIVE LIFE DAY.
(a) FINDINGS.— Congress finds that—
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