INDIANAPOLIS – The Centers for Medicare & Medicaid Services issued new guidance on Wednesday, March 11, 2026, to strengthen public trust and ensure patients and their families are treated with dignity throughout the organ donation process. The guidance clarifies the responsibilities of Organ Procurement Organizations and donor hospitals, emphasizing that patients must receive full medical care regardless of their potential donor status.
The action follows reports that some organizations have rushed aspects of the procurement process and pressured grieving families to make decisions. The new guidelines direct hospitals to provide the same life-saving care to every patient and avoid coercing families into donation decisions. CMS is also requiring surveyors to cite noncompliance related to these federal requirements even if the issue is subsequently corrected.
The guidance reinforces several specific safeguards, including a requirement that hospitals provide complete medical treatment without regard to organ donation. Families must be given appropriate time to process their loss before donation decisions begin, and organizations are prohibited from influencing the timing of life support withdrawal or death declarations. Additionally, death must be declared according to accepted medical standards before any organ recovery begins.
CMS will continue strengthened oversight of organ procurement through 2027. This includes publishing performance reports in the spring of 2026 and completing onsite recertification survey reviews during the summer of 2026. The agency anticipates issuing a final rule on conditions for coverage in late 2026, with current agreements set to expire in January 2027.
