This bill expressly prohibits health care providers and other entities involved in matching donated organs with recipients from denying or restricting an individual's access to organ transplants solely on the basis of the individual's disability, except in limited circumstances.
Specifically, these entities may consider an individual's disability when making decisions about transplants only if a physician finds, based on an individualized evaluation, that the individual's physical or mental disability is medically significant to the provision of the transplant. A disability shall not be considered medically significant if the individual has an adequate support system in place to comply with transplant-related medical requirements.
These entities must also make reasonable changes to their policies to make transplants and related care more available to individuals with disabilities.
Aggrieved individuals may bring claims of discrimination to the Office of Civil Rights of the Department of Health and Human Services or before a federal court. The bill provides for expedited resolutions of these claims.
In addition, entities that receive federal contracts to manage all or part of the Organ Procurement and Transplantation Network may not issue policies that prohibit or hinder access to an organ transplant based solely on the individual's disability. This network is a public-private partnership linking professionals involved in the U.S. organ donation and transplantation system.
