(ii) any reference to an individual's eligibility for benefits under the program shall be considered a reference to the individual's eligibility to participate in the program as a member of a household, and (iii) the term "satisfactory immigration status" means an immigration status which does not make the individual ineligible for benefits under the applicable program. (2) If such an individual is not a citizen or national of the United States, there must be presented either (A) alien registration documentation or other proof of immigration registration from the Immigration and Naturalization Service that contains the individual's alien admission number or alien file number (or numbers if the individual has more than one number), or (B) such other documents as the State determines constitutes reasonable evidence indicating a satisfactory immigration status. (3) If the documentation described in paragraph (2)(A) is presented, the State shall utilize the individual's alien file or alien admission number to verify with the Immigration and Naturalization Service the individual's immigration status through an automated or other system (designated by the Service for use with States) that— (A) utilizes the individual's name, file number, admission number, or other means permitting efficient verification, and (B) protects the individual's privacy to the maximum degree possible. (4) In the case of such an individual who is not a citizen or national of the United States, if, at the time of application for benefits, the statement described in paragraph (1) is submitted but the documentation required under paragraph (2) is not presented or if the documentation required under paragraph (2)(A) is presented but such documentation is not verified under paragraph (3)— (A) the State (i) shall provide a reasonable opportunity to submit to the State evidence indicating a satisfactory immigration status, and (ii) may not delay, deny, reduce, or terminate the individual's eligibility for benefits under the program on the basis of the individual's immigration status until such a reasonable opportunity has been provided; and (B) if there are submitted documents which the State determines constitutes reasonable evidence indicating such status (i) the State shall transmit to the Immigration and Naturalization Service either photostatic or other similar copies of such documents, or information from such documents, as specified by the Immigration and Naturalization Service, for official verification, (ii) pending such verification, the State may not delay, deny, reduce, or terminate the individual's eligibility for benefits under the program on the basis of the individual's immigration status, and (iii) the State shall not be liable for the consequences of any action, delay, or failure of the Service to conduct such verification. (5) If the State determines, after complying with the requirements of paragraph (4), that such an individual is not in a satisfactory immigration status under the applicable program (A) the State shall deny or terminate the individual's eligibility for benefits under the program, and (B) the applicable fair hearing process shall be made available with respect to the individual. (e) Each Federal agency responsible for administration of a program described in subsection (b) shall not take any compliance, disallowance, penalty, or other regulatory action against a State with respect to any error in the State's determination to make an individual eligible for benefits based on citizenship or immigration status (1) if the State has provided such eligibility based on a verification of satisfactory immigration status by the Immigration and Naturalization Service, (2) because the State, under subsection (d)(4)(A)(ii), was required to provide a reasonable opportunity to submit documentation, (3) because the State, under subsection (d)(4)(B)(ii), was required to wait for the response of the Immigration and Naturalization Service to the State's request for official verification of the immigration status of the individual, or (4) because of a fair hearing process described in subsection (d)5XB). (f) Subsections (aX1) and (d) shall not apply with respect to aliens seeking medical assistance for the treatment of an emergency medical condition under section 1903(v)(2). HOSPITAL PROTOCOLS FOR ORGAN PROCUREMENT AND STANDARDS FOR ORGAN PROCUREMENT AGENCIES SEC. 1138. [42 U.S.C. 1320b-8] (a)(1) The Secretary shall provide that a hospital or critical access hospital meeting the requirements of title XVIII or XIX may participate in the program established under such title 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 372 of the Pub lic Health Service Act 67 (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. (2)(A) The Secretary shall grant a waiver of the requirements under subparagraphs (A)(iii) and (C) of paragraph (1) to a hospital or critical access hospital desiring to enter into an agreement with an organ procurement agency other than such hospital's designated organ procurement agency if the Secretary determines that (i) the waiver is expected to increase organ donation; and (ii) the waiver will assure equitable treatment of patients referred for transplants within the service area served by such hospital's designated organ procurement agency and within the service area served by the organ procurement agency with which the hospital seeks to enter into an agreement under the waiver. (B) In making a determination under subparagraph (A), the Secretary may consider factors that would include, but not be limited to (i) cost effectiveness; (ii) improvements in quality; (iii) whether there has been any change in a hospital's designated organ procurement agency due to a change made on or after December 28, 1992, in the definitions for metropolitan statistical areas (as established by the Office of Management and Budget); and (iv) the length and continuity of a hospital's relationship with an organ procurement agency other than the hospital's designated organ procurement agency; except that nothing in this subparagraph shall be construed to permit the Secretary to grant a waiver that does not meet the requirements of subparagraph (A). (C) Any hospital or critical access hospital seeking a waiverunder subparagraph (A) shall submit an application to the Secretary containing such information as the Secretary determines appropriate. (D) The Secretary shall (i) publish a public notice of any waiver application received from a hospital or critical access hospital under this paragraph within 30 days of receiving such application; and (ii) prior to making a final determination on such application under subparagraph (A), offer interested parties the opportunity to submit written comments to the Secretary during the 60-day period beginning on the date such notice is published. (3) For purposes of this subsection (A) the term "agreement" means an agreement described in seciton 371(b)(3)(A) of the Public Health Service Act 68; (B) the term "designated organ procurement agency" means, with respect to a hospital or critical access hospital, the organ procurement agency designated pursuant to subsection (b) for the service area in which such hospital is located; and 67 See Vol. II, P.L. 78-410. 68 See Vol. II, P.L. 78–410. (C) the term "organ” means a human kidney, liver, heart, lung, pancreas, and any other human organ or tissue specified by the Secretary for purposes of this subsection. (b)(1) The Secretary shall provide that payment may be made under title XVIII or XIX with respect to organ procurement costs attributable to payments made to an organ procurement agency only if the agency (A)(i) is a qualified organ procurement organization (as described in section 371(b) of the Public Health Service Act) that is operating under a grant made under section 371(a) of such Act, or (ii) has been certified or recertified by the Secretary within the previous 2 years (4 years if the Secretary determines appropriate for an organization on the basis of its past practices) as meeting the standards to be a qualified organ procurement organization (as so described); (B) meets the requirements that are applicable under such title for organ procurement agencies; (C) meets performance-related standards prescribed by the Secretary; (D) is a member of, and abides by the rules and requirements of, the Network; (E) allocates organs, within its service area and nationally, in accordance with medical criteria and the policies of the Network; and (F) is designated by the Secretary as an organ procurement organization payments to which may be treated as organ procurement costs for purposes of reimbursement under such title. (2) The Secretary may not designate more than one organ procurement organization for each service area (described in section 371(b)(1)(E) of the Public Health Service Act) under paragraph (1)F). NATIONAL COMMISSION ON CHILDREN SEC. 1139. [42 U.S.C. 1320b-9] (a)(1) There is hereby established a commission to be known as the National Commission on Children (in this section referred to as the "Commission"). (b)(1) The Commission shall consist of (A) 12 members to be appointed by the President, (B) 12 members to be appointed by the Speaker of the House of Representatives, and (C) 12 members to be appointed by the President pro tempore of the Senate. (2) The President, the Speaker, and the President pro tempore shall each appoint as members of the Commission (A) 4 individuals who (i) are representatives of organizations providing services to children, (ii) are involved in activities on behalf of children, or (iii) have engaged in academic research with respect to the problems and needs of children, (B) 4 individuals who are elected or appointed public officials (at the Federal, State, or local level) involved in issues and programs relating to children, and (C) 4 individuals who are parents or representatives of parents or parents' organizations. (3) The appointments made pursuant to subparagraphs (B) and (C) of paragraph (1) shall be made in consultation with the chairmen of committees of the House of Representatives and the Senate, respectively, having jurisdiction over relevant Federal programs. (c)(1) It shall be the duty and function of the Commission to serve as a forum on behalf of the children of the Nation and to conduct the studies and issue the report required by subsection (d). (2) The Commission (and any committees that it may form) shall conduct public hearings in different geographic areas of the country, both urban and rural, in order to receive the views of a broad spectrum of the public on the status of the Nation's children and on ways to safeguard and enhance the physical, mental, and emotional well-being of all of the children of the Nation, including those with physical or mental disabilities, and others whose circumstances deny them a full share of the opportunities that parents of the Nation may rightfully expect for their children. (3) The Commission shall receive testimony from individuals, and from representatives of public and private organizations and institutions with an interest in the welfare of children, including educators, health care professionals, religious leaders, providers of social services, representatives of organizations with children as members, elected and appointed public officials, and from parents and children speaking in their own behalf. (d) The Commission shall submit to the President, and to the Committees on Finance and Labor and Human Resources of the Senate and the Committees on Ways and Means, Education and Labor, and Energy and Commerce of the House of Representatives, an interim report no later than March 31, 1990, and a final report no later than March 31, 1991, setting forth recommendations with respect to the following subjects: (1) Questions relating to the health of children that the Commission shall address include (A) how to reduce infant mortality, (B) how to reduce the number of low-birth-weight babies, (C) how to reduce the number of children with chronic illnesses and disabilities, (D) how to improve the nutrition of children, (E) how to promote the physical fitness of children, (F) how to ensure that pregnant women receive adequate prenatal care, (G) how to ensure that all children have access to both preventive and acute care health services, and (H) how to improve the quality and availability of health care for children. (2) Questions relating to social and support services for children and their parents that the Commission shall address include (A) how to prevent and treat child neglect and abuse, in meeting the problems of their children, (C) how to provide counseling services for children, (D) how to strengthen the family unit, (E) how children can be assured of adequate care while their parents are working or participating in education or training programs, (F) how to improve foster care and adoption services, |