H.R. 4470 — Removing Burdens From Organ Donation Act

This section amends SSA §1138(a) (42 U.S.C. 1320b-8(a)), which requires Medicare-participating hospitals to notify their designated organ procurement organization (OPO) of potential organ donors (i.e., patients meeting death or imminent-death criteria per 42 C.F.R. §482.45), by requiring such hospitals beginning two years after enactment to provide the OPO automated electronic notification and remote electronic access to the patient's electronic health records upon updates indicating death or imminent death. It authorizes the HHS Secretary to exempt hospitals and critical access hospitals from the new access requirement for up to three years due to significant hardship (e.g., rural areas lacking sufficient internet), grant automatic one-year exemptions for those affected by cybersecurity attacks or major disasters, and allow extensions; requires the Secretary to report annually to specified congressional committees starting two years after enactment on exemptions granted; and defines cybersecurity attack. The section further directs the HHS Secretary to issue guidance within one year after enactment to (1) hospitals, critical access hospitals, OPOs, and electronic health record vendors on best practices for the new requirement, drawing from prior implementations, and (2) state health agencies on explaining the requirement to donors, potential donors, and families. Finally, it requires the Government Accountability Office to study the new requirement's implementation—including costs, rural broadband impacts, and exemption reports—and submit a report to Congress within three years after enactment.