§ 24-6b-26

A. As used in this section:(1) 'covered entity' means an organ procurement organization, hospital, transplant hospital, physician, insurance company or plan or health maintenance organization; and(2) 'disability' means a severe chronic physical or mental impairment that results in substantial functional limitations in one or more of the following areas of major life activity:(a) self-care;(b) receptive and expressive language;(c) learning;(d) mobility;(e) self-determination; and(f) capacity for independent living.B. The provisions of this section apply to all stages of the transplant process.C. A covered entity shall not discriminate against a person with a disability in the receipt of an anatomical gift and shall not, solely on the basis of a person's disability:(1) consider the person ineligible to receive an anatomical gift;(2) deny transplantation-related services;(3) refuse to refer the person to an organ procurement organization, transplant hospital or other related specialist for the purpose of being evaluated for or receiving an anatomical gift;(4) refuse to place an otherwise qualified recipient on an anatomical gift waiting list;(5) place an otherwise qualified recipient

r the purpose of being evaluated for or receiving an anatomical gift;(4) refuse to place an otherwise qualified recipient on an anatomical gift waiting list;(5) place an otherwise qualified recipient on an anatomical gift waiting list at a lower priority position than the position at which the recipient would have been placed if the recipient did not have a disability; or(6) refuse insurance coverage for any procedures associated with being evaluated for or receiving an anatomical gift, including post-surgical medical care.D. A covered entity may take a person's disability into account when making treatment recommendations or decisions only to the extent that the disability has been found by a physician to be medically significant to the provision of the anatomical gift after an individualized evaluation of the person. If a person with a disability has the necessary support system to assist the person in complying with post-surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.E.

ying with post-surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.E. A person affected by a violation of the provisions of this section may commence a civil action in district court.F. Nothing in this section is intended to limit or replace available remedies under the federal Americans with Disabilities Act of 1990 or other applicable law.History: Laws 2023, ch. 171, § 2. ANNOTATIONSEmergency clauses. — Laws 2023, ch. 171, § 7 contained an emergency clause and was approved April 5, 2023.