Administration Issues Two Rules Designed to Increase Live Kidney Donations

On December 17, 2019, the Trump Administration released two rules designed to increase live kidney donations. Currently, nearly 100,000 Americans are on the waiting list to receive a kidney transplant. The two rules are in furtherance of the July 10, 2019, Executive Order on Advancing American Kidney Health.

The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule to change the way organ procurement organizations (OPOs) are held accountable for their performance. OPOs’ performance is currently assessed through self-reported data based on measures that were last overhauled in 2006. CMS proposes the use of objective and reliable data by revising the current quality measures, incentivizing OPOs to ensure all viable organs are transplanted, and holding OPOs to greater oversight while driving higher OPO performance. A factsheet on the proposed rule is available here.

The Health Resources and Services Administration (HRSA) issued a proposed rule to remove financial barriers to living organ donation. HRSA’s proposed rule would expand the scope of reimbursable expenses for living donors to include lost wages, and childcare and eldercare expenses for those donors who lack other forms of financial support. The Administration believes this proposal could increase the number of transplant recipients receiving a better quality organ in a shorter period of time from living donors. A factsheet on the proposed rule is available here.

Comments on both rules are due by February 21, 2020.



For more information visit the McDermottPlus Payment Innovation Resource Center or contact Sheila Madhani at 202-204-1459 or