Page:United States Statutes at Large Volume 114 Part 4.djvu/285

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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—