DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration 42 CFR Part 482 [HCFA-3005-F] RIN: 0938-AI95 Medicare and Medicaid Programs; Hospital Conditions of Participation; Identification of Potential Organ, Tissue, and Eye Donors and Transplant Hospitals

Brief Overview :

This final rule addresses only provisions relating to organ donation and transplantation. It imposes several requirements a hospital must meet that are designed to increase organ donation. One of these requirements is that a hospital in Louisiana must have an agreement with the the Louisiana Organ Procurement Agency (LOPA), designated by the Secretary, under which the hospital will contact the OPO in a timely manner about individuals who die or whose death is imminent in the hospital.

So what exactly is a "Timely Manner"?  Speaking for Southern Eye Bank only, we would like to see a referral called in less than one hour post-mortem. WE UNDERSTAND that sometimes this could seem like an act of congres; however, eye tissue and ocular cellular structure are very delicate. Timely removal of tissue is needed and directly coorelates with Southern Eye Bank's high sucess rate of grafts peformed. Southern Eye Bank's desire is to recover tissue from non-refigerated donors within 6-8 hours and within 12 hours for

Southern Eye Bank's  and LOPA's call center (Donor Referral Line) will then determine the individual's medical suitability for donation. As well, the hospital must have an agreement with at least one eye bank to cooperate in the retrieval, processing, preservation, storage, and distribution eyes, as long as the agreement does not interfere with organ donation.

Southern Eye Bank will call the referee back as soon as possible to request donation from the family or to receive further information about the potential donor.

The final rule requires a hospital to ensure, in collaboration with LOPA with which it has an agreement, that the family of every potential donor is informed of its option to donate organs, tissue, and or eyes or not to donate.

Under the final rule, hospitals must work with LOPA and at least one tissue bank and one eye bank in educating staff on donation issues, reviewing death records to improve identification of potential donors, and maintaining potential donors while necessary testing and placement of organs and tissues take place. In addition, transplant hospitals must provide organ-transplant-related data, as requested by the OPTN, the Scientific Registry, and the OPOs. The hospital must also provide, if requested, such data directly to the Department.