Louisiana has sued the Department of Health and Human Services to keep from complying with the federal rule that would require donor organs to be distributed on the basis of medical need instead of geography.
The suit was filed in U.S. District Court on September 17, reportedly making Louisiana the first state to challenge the controversial federal rule. Implementation of the rule was scheduled for October 1, but has been delayed pending an October 14 hearing on Louisiana's suit.
Opponents believe that the rule will cause Louisiana residents to wait longer for donor organs and that many organs will go to larger states with large transplant centers and long waiting lists for organs.
According to the Associated Press, Louisiana passed a law last year that state residents get the right of first refusal of organs that are donated in the state. Louisiana attorney general Richard Ieyoub argued in the suit that although federal law can supersede state law, the same is not true of federal rules.
The state was joined in the suit by the Louisiana Organ Procurement Agency and several medical centers in Louisiana, according to Reuters news service.
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