Bill Aimed at Increasing Availability of Organs for Transplantation Introduced in Congress

by HRC Staff

Legislation eliminates barriers which impede access to life-saving care for people living with HIV and AIDS

WASHINGTON – The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights group, today lauded the introduction of legislation to increase the number of healthy organs available for transplantation to people living with HIV and AIDS, and reduce the wait time for recipients. The bipartisan HIV Organ Policy Equity (HOPE) Act, sponsored by Senators Barbara Boxer (D-CA), Tammy Baldwin (D-WI), Tom Coburn, M.D., (R-OK), and Rand Paul, M.D. (R-KY), would permit donated, HIV-positive organs to be used for transplantation in HIV-positive patients, a medical procedure currently prohibited by federal law. A companion measure sponsored by Representative Lois Capps (D-CA), was introduced in the House. 

Major advances in the treatment of HIV and AIDS mean that HIV-positive individuals are living longer, and like other older Americans, they too are developing medical conditions that require organ transplant.  However, the number of individuals in need of organ transplants far exceeds the availability of healthy organs; more than 100,000 patients are actively waiting for life-saving organs and about 50,000 more are added annually. Permitting organs from deceased, HIV-positive donors to be used has the potential to save 1,000 HIV-infected patients with liver and kidney failure each year.  As organs from HIV-infected donors would only be transplanted to HIV-infected transplant candidates, the waiting time for HIV-infected people who accept HIV-infected organs would most certainly decrease, as would  the general waiting list for uninfected people awaiting transplants. 

“This act truly gives hope to people living with HIV and AIDS who today, or in the future, will depend on an organ transplant to improve or prolong their lives,” said HRC President Chad Griffin.  “I applaud Senators Boxer and Coburn for introducing this common-sense legislation that will reduce costs and improve health care for all Americans.” 

The HOPE Act directs the Department of Health and Human Services and the Organ Procurement Transplant Network (OPTN) to develop and institute standards for research on HIV-positive organ transplantation and permits the Secretary to permit positive-to-positive transplantation if it is determined that the results of research warrant such a change.  The Secretary would be required to direct OPTN to develop standards to ensure that positive-to-positive transplantation does not impact the safety of the organ transplantation network.

The Human Rights Campaign is the largest national lesbian, gay, bisexual and transgender political organization with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that LGBT Americans can be open, honest and safe at home, at work and in the community.

Contact Us

To make a general inquiry, please visit our contact page. Members of the media can reach our press office at: (202) 572-8968 or email