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42 U.S. Code § 1320b-8. Hospital protocols for organ procurement and standards for organ procurement agencies
(a)
(1) The Secretary shall provide that a hospital or critical access hospital meeting the requirements of subchapter XVIII or XIX may participate in the program established under such subchapter only if—
(A) the hospital or critical access hospital establishes written protocols for the identification of potential organ donors that—
(i)
assure that families of potential organ donors are made aware of the option of organ or tissue donation and their option to decline,
(ii)
encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families, and
(iii)
require that such hospital’s designated organ procurement agency (as defined in paragraph (3)(B)) is notified of potential organ donors;
(B)
in the case of a hospital in which organ transplants are performed, the hospital is a member of, and abides by the rules and requirements of, the Organ Procurement and Transplantation Network established pursuant to section 274 of this title (in this section referred to as the “Network”); and
(C)
the hospital or critical access hospital has an agreement (as defined in paragraph (3)(A)) only with such hospital’s designated organ procurement agency.