PolicyBrief
S. 2751
119th CongressSep 10th 2025
Permanent OPTN Fee Authority Act
IN COMMITTEE

This bill permanently authorizes the Secretary of HHS to charge registration fees to OPTN members to fund the operations of the Organ Procurement and Transplantation Network, while also requiring new transparency measures like an online dashboard.

Ron Wyden
D

Ron Wyden

Senator

OR

LEGISLATION

New OPTN Bill Authorizes Fees for Every Patient on Organ Waitlist, Mandates Quarterly Transparency

The “Permanent OPTN Fee Authority Act” is making some important tweaks to how the nation’s organ donation system—the Organ Procurement and Transplantation Network (OPTN)—is funded and run. While it includes some long-overdue modernization, the biggest headline here is the introduction of a new fee structure that could change how transplant centers budget for patient care.

The Upgrade: From Phone Lines to Dashboards

First, let’s cover the administrative updates. The bill modernizes some technical requirements for the OPTN. For instance, the requirement for 24-hour telephone service is updated to allow for “24-hour telephone or information technology service.” That’s a small but necessary change that acknowledges the year isn’t 1998. More significantly, the bill requires the OPTN to consider setting up a new online dashboard. This dashboard must display key stats—like the number of transplants performed and unused organs—and crucially, this data needs to be updated more often than the current annual cadence. This is a clear win for transparency, giving the public and policymakers a much clearer, more current look at how the system is actually working.

The New Tab: Fees for Listing Patients

Here’s where things get financially interesting. The bill grants the Secretary of Health and Human Services (HHS) the authority to charge new “registration fees” to any OPTN member (think transplant hospitals and organ procurement organizations) for every patient they put on the transplant waiting list. These fees are earmarked specifically for the day-to-day operations of the OPTN. For a transplant center that lists hundreds of patients annually, this creates a new, recurring operational cost. While the bill states the money collected must be used for OPTN operations, and Congress still has to approve the spending later, the immediate effect is that the cost of simply listing a patient for an organ transplant is now subject to a new federal fee.

Following the Money: Transparency and Oversight

To balance this new fee authority, the bill includes strong transparency requirements. The OPTN must post details on its website every calendar quarter about how much fee money each member paid and exactly what activities those fees are funding. This level of financial detail is a significant step up from current reporting standards. Furthermore, the Government Accountability Office (GAO) is required to conduct a thorough review of the new fee program within two years of the law passing, including a report to Congress with any recommendations. This mandatory check-in provides an important layer of oversight, ensuring the new funding mechanism is working as intended and not inadvertently creating bottlenecks or undue financial burdens.

The Real-World Impact on the Waiting List

So, what does this mean for the average person waiting for a kidney or a heart? While the bill doesn't directly charge the patient, it creates a new administrative cost for the hospitals and centers that list them. Depending on the size of the fee, this could potentially lead to increased costs passed down to patients or their insurers, or it could force transplant centers to absorb the expense, potentially straining their budgets. The upside is that these fees are designed to stabilize and improve the operational funding of the OPTN, which should, in theory, lead to a more efficient and effective organ matching system. The balance here is between securing dedicated funding for a critical public health system and ensuring that the new financial mechanism doesn't create new barriers to access for the thousands of patients waiting for a life-saving transplant.