; (3) the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials, may not be a factor in determining eligibility to donate organs or to receive organs; and (4) any provider who denies services to any individual based on the COVID–19 vaccination status of the individual (other than services furnished by a skilled nursing facility (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) )), a nursing facility (as defined in section 1919(a) of such Act ( 42 U.S.C. 1396r(a) )), a hospice program (as defined in section 1861(dd)(2) of such Act ( 42 U.S.C. 1395x(dd)(2) )), or a long-term care facility) shall not be eligible for reimbursement under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and Federal financial participation shall not be available for any payment made by a State to such a provider for services furnished as medical assistance under the State’s Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ). (b) Application of requirements Paragraphs (1) through (3) of subsection (a) shall apply with respect to all organ donations and receipt of organ transplants in the United States, including under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. (c) Organ procurement and transplantation network Section 372(b) of the Public Health Service Act ( 42 U.S.C. 274(b) ) is amended by adding at the end the following: (4) Clarification regarding COVID–19 vaccination status The criteria and standards established under paragraph (2) may not include any consideration of the COVID–19 vaccination status of organ donors or recipients, or of the incidence of COVID–19 positive rates in a geographic area or region, as determined by public health officials. .