PKD Foundation Endorses Organ Donor Legislation

The PKD Foundation has endorsed legislation, called the Organ Donation Clarification and Antitrafficking Act, to amend federal law to clarify that states can offer incentive programs to help increase living organ donation. The legislation will be introduced soon by U.S. Sen. Arlen Specter (R-PA).

Many interpret current federal law to say that offering incentive based programs constitutes “valuable consideration” and is, therefore, illegal. In the 1980s, for instance, Pennsylvania wanted to offer paid funeral benefits to individuals who donated organs, but the program was ultimately ruled illegal under current federal law. Specter’s legislation would clarify that such programs would not be considered in violation of law.

Other examples of incentives that might be offered include tax credits to pay for individual’s health care costs or contributions over a number of years to an individual’s IRA. The legislation would strictly prohibit direct cash payments for organs (which is illegal under current law) and increases the fines and prison time for those who violate the law.

The bill has the endorsement of the American Association of Kidney Patients (AAKP) and the American Society of Transplantation. The American Medical Association is also expected to endorse the bill once it’s officially introduced.

More than 99,000 Americans are currently waiting for a new kidney, liver, heart or lungs. Over three-fourths of those on the national list are waiting for a kidney, of which 5,000 of those are PKD patients. Only one in four of those on the list will get a kidney transplant this year. According to the AAKP, 11 people die every day waiting for a kidney transplant. A report by researchers at Auburn University and published by CATO estimated that the number of people waiting for organ transplants could increase to more than 150,000 by 2015.