The General Assembly finds that:(1) An intellectual or physical disability does not diminish an individual's right to health care;(2) The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services;(3) Individuals with disabilities have historically been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure compliance;(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is a suitable candidate to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and(5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a in a fair and nondiscriminatory distribution of organs; and(5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.Added by Act 2021, No. 837,§ 2, eff. 7/28/2021. The General Assembly finds that:(1) An intellectual or physical disability does not diminish an individual's right to health care;(2) The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services;(3) Individuals with disabilities have historically been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure compliance;(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is a suitable candidate to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and(5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a in a fair and nondiscriminatory distribution of organs; and(5) Arkansas residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.
Arkansas Legal Code