The 9th U.S. Circuit Court of Appeals said bone marrow donated through peripheral blood stem cell apheresis can be compensated because the procedure is akin to blood donation and not organ transplantation. The court, however, said bone marrow donated through a procedure called aspiration, which involves extracting bone marrow from a donor's bones, is still covered by the National Organ Transplant Act, which bans payments for bone marrow donations. The Justice Department is considering whether to recommend the ruling to the Supreme Court or ask the appeals court to reconsider the decision.

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