In 1998 the Centers for Medicare and Medicaid Services (CMS) published a Final Rule that stipulates that hospitals must meet several requirements designed to increase rates of organ donation. These requirements are as follows:

1. Hospitals must have an agreement with an organ procurement organization (OPO) to recover organs and must have an agreement with at least one tissue bank and one eye bank to coordinate donation of tissues and corneas.
2. Hospitals must report all deaths and all imminent deaths to its OPO. The OPO will then determine the individual’s suitability to be a donor.
3. The family of every potential organ or tissue donor must be approached about the option of donation.
4. Only designated requestors trained by the OPO will be allowed to offer the option of organ and tissue donation.
5. Hospitals must work with the OPO and tissue and eye bank's in educating staff on donation issues, reviewing death records to improve identification of potential donors, and maintaining potential donors while evaluation takes place.

OCR/HIPAA Privacy Regulations

This provision is intended to address situations in which an individual has not previously indicated whether he or she seeks to donate organs, eye, or tissues (and therefore authorized release of protected health information for this purpose). In such situations, this provision is intended to allow covered entities to initiate contact with organ and tissue donation and transplantation organizations to facilitate transplantation of cadaveric organs, eyes, and tissues.

Part 164.512 (h) – Uses and disclosures for which consent, an authorization, or opportunity to agree or object is not required. Uses and disclosures for cadaveric organ, eye, or tissue donation purposes. A covered entity may use or disclose protected health information to organ procurement organizations or other entities engaging in the procurement, banking or transplantation of cadaveric organs, eyes, or tissue for the purpose of facilitating organ, eye, or tissue donation and transplantation.