Feds have final say on organ donor initiatives

Transplant groups agree with the AMA's idea to study financial incentives for cadaveric organ donation, but congressional action is needed first.

By Andis Robeznieks, AMNews staff. July 22, 2002.

Organized medicine has given its blessing to the concept of studying whether financial incentives will increase cadaveric organ donations, but it looks like Congress will have the final word.

Those who support studying the matter say it won't be necessary to rewrite the National Organ Transplant Act of 1984, which prohibits "valuable consideration" to donors for their organs. Instead, they advocate passage of the Organ Donation and Recovery Improvement Act, being considered by the U.S. Senate.

This legislation would give the Health and Human Services Dept. secretary greater authority to approve funding for studies and demonstration projects looking to increase organ donation.

Immediate past chair of the AMA Council on Ethical and Judicial Affairs, Frank Riddick, MD, supports including a provision that gives the secretary the power to waive the "valuable consideration" prohibition for limited pilot studies of small populations.

"I would predict that's what will be recommended" by HHS Secretary Tommy Thompson's advisory committee, Dr. Riddick said. "It appears that legislative action will be required for the secretary to grant waivers, and it's likely that's the direction it will go."

There are 80,000 people waiting for an organ transplant; about 16 die each day because an organ never arrives.

At its Annual Meeting last month, the AMA House of Delegates approved CEJA recommendations that projects be undertaken to study motivations behind cadaveric organ donation and whether modest financial incentives would increase such donations. [...]