PolicyBrief
H.R. 5259
119th CongressSep 10th 2025
Permanent OPTN Fee Authority Act
IN COMMITTEE

This bill modernizes the Organ Procurement and Transplantation Network by updating communication requirements, mandating a public transparency dashboard, and authorizing the collection and oversight of registration fees to fund its operations.

Jim Costa
D

Jim Costa

Representative

CA-21

LEGISLATION

OPTN Bill Authorizes New Fees on Transplant Centers, Mandates Public Dashboard for Unused Organs

The aptly named Permanent OPTN Fee Authority Act is making some serious administrative changes to the Organ Procurement and Transplantation Network (OPTN)—the non-profit organization that manages the nation’s organ transplant waiting list. The big takeaway for anyone who might ever need a transplant or works in healthcare administration is a push for modernization and transparency, paired with a significant new funding mechanism that could change the cost structure for transplant centers across the country.

Modernizing the Lifeline and Opening the Books

First, the good news for the 24/7 world: the law updates the OPTN’s requirement for round-the-clock availability. Where they used to need a "twenty-four-hour telephone service," they can now use "24-hour telephone or information technology service." This is a common-sense update, allowing the system managing life-or-death decisions to rely on modern communication tech like secure messaging or specialized apps, which is a big win for operational flexibility.

More importantly, the bill mandates a new level of transparency. The OPTN will now need to consider setting up a public dashboard that frequently updates key statistics, including the number of transplants performed, the types of transplants, and—crucially—how many organs entered the system but were not used. For a system often criticized for inefficiency and organ waste, this public data dump is huge. It gives patients, advocates, and the public a much clearer, quicker view of how the system is actually performing, moving beyond annual reports to near real-time accountability.

The New Fee Structure: Who Pays for the Plumbing?

The most significant change is how the OPTN gets funded. The bill gives the Secretary of Health and Human Services (HHS) the authority to collect registration fees from every OPTN member for every transplant candidate they place on the official waiting list. Think of this as a new administrative tax on transplant centers and Organ Procurement Organizations (OPOs) based on the size of their waiting list. The money collected can only be used to fund OPTN operations, and once collected, it doesn’t expire—it stays available until spent. However, there’s a catch: Congress still has to approve the actual spending amount in an annual appropriations bill, meaning the funds are collected automatically but the spending is still subject to political negotiation.

For transplant centers, this is a direct new operational cost. If a center has 500 people on its list, it will be paying a recurring fee for all 500. While the funds are intended to stabilize the OPTN, these centers will likely have to absorb these new fees or, more likely, pass them down through increased administrative costs to patients or insurers. This is where the real-world impact hits: a dedicated funding stream for the OPTN is great, but it comes directly out of the pockets of the organizations—and potentially the patients—who use it.

Quarterly Reports and the Watchdog

To keep the funding honest, the bill requires strict transparency on the fees. The Secretary must publicly post, on the OPTN website, two key pieces of information every calendar quarter: how much registration fee money was collected from each individual OPTN member, and a detailed list of what activities those fees were used for. This level of granular, quarterly reporting is a strong check on the new fee authority.

Finally, to ensure the new system is working, the Government Accountability Office (GAO) is required to conduct a full review of these new fee activities within two years of the law’s enactment. They will then report their findings and recommendations back to Congress, acting as a crucial watchdog to assess the effectiveness and fairness of the new funding mechanism and transparency measures.