MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Rules

By: Representative Roberson

House Resolution 71

A RESOLUTION SUPPORTING THE MISSISSIPPI ORGAN RECOVERY AGENCY AND OPPOSING THE NEW FEDERAL RULES ON ORGAN PROCUREMENT ORGANIZATIONS. 

     WHEREAS, the organ procurement organizations serving Mississippi in collaboration with the Department of Public Safety have seen record levels of success in increasing organ donor registration which has resulted in their continued effort to increase organ and tissue donation; and

     WHEREAS, even amidst the COVID-19 pandemic, the Mississippi Organ Recovery Agency and our state's only transplant hospital, University of Mississippi Medical Center, have continued their successful partnership to save lives through transplants, with levels of transplants equaling numbers from preceding years; and 

     WHEREAS, the donation rate achieved by the Mississippi Organ Recovery Agency, our state's largest organ procurement organization, has increased significantly over previous years; and

     WHEREAS, the Mississippi Organ Recovery Agency has demonstrated a commitment in its outreach to minority and disadvantaged persons in Mississippi; and

     WHEREAS, the data upon which the United States Department of Health and Human Services has proposed metrics to evaluate an organ procurement organization's performance is based upon inaccurate and invalid data and, in addition, prohibited from such use by a federal contract executed between the Department of Health and the National Center for Health Statistics, which restricts the use of state-provided death certificate data to only medical and health research; and 

     WHEREAS, it is in the best interest of this state and the health of its citizens to oppose the enforcement of 42 C.F.R. Part 486, which threatens to significantly reduce the number of organ procurement organizations based on inaccurate and invalid data:    NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That we do hereby condemn the enforcement of any regulation purporting to assess any organ procurement organization's performance based upon standards derived from inaccurate and invalid data.

     BE IT FURTHER RESOLVED, That the House of Representatives further urges the State of Mississippi to enforce its contract with the National Center for Health Statistics, which restricts the use of state-provided death certificate data to only medical and health research and specifically prohibits its use in regulation and legislation such as that contained in 42 C.F.R. Part 486. 

     BE IT FURTHER RESOLVED, That copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the House to the President of the United States, the United States Secretary of Health and Human Services, the Governor of the State of Mississippi and be furnished to the members of the Capitol Press Corps.