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Rules & Regulations

Overview

A number of entities have created rules and regulations pertaining to organ, tissue, and eye donation. These rules and regulations vary over time and the hospital should consult the specific rules or regulations for guidance. Links to resources are located on the Hospital page within the Medical Professionals section of the NORS website.

  1. Centers for Medicaid and Medicare Services (CMS) defines regulations that pertain to establishment of parameters for referrals, determination of suitability, designated requestors, and a number of other regulations.
  2. The Joint Commission regulations are similar to CMS regulations with the exception that if the hospital can facilitate Donation after Circulatory Death (DCD) that the hospital must address this in policy.
  3. Health Insurance Portability and Accountability Act (HIPAA) legislation allows information for the purposes of donation to be released or viewed without consent or notification to the patient or their decision-makers.
  4. Uniform Anatomical Gift Act re-enforces a number of CMS regulations and also guides the requirements for authorization, donor designation, the buying and selling of organs, and coroner involvement in donation.

Recommendations for Successful Practice

  • Annual education for hospital staff should be given to ensure that hospital staff are aware of regulations pertaining to donation.
  • Annual evaluation of hospital policies to ensure compliance with existing rules and regulations is highly encouraged.