S. 1782: Charlotte Woodward Organ Transplant Discrimination Prevention Act

This bill, known as the Charlotte Woodward Organ Transplant Discrimination Prevention Act, seeks to prevent discrimination against individuals with mental or physical disabilities in the context of organ transplants. The key features of this legislation include:

Definitions

The bill provides specific definitions related to the terms used within the context of organ transplants. These include:

• Auxiliary aids and services: This refers to supports defined under the Americans with Disabilities Act that help individuals with disabilities.
• Covered entity: This is any healthcare provider that operates in interstate commerce or affects interstate commerce significantly, including hospitals and transplant centers.
• Disability: As defined by the Americans with Disabilities Act.
• Qualified individual: An individual who meets eligibility requirements for organ transplants, possibly with or without additional support services.
• Support network: Individuals chosen by the qualified person to aid in decision-making and support regarding their health.

Prohibitions Against Discrimination

The bill prohibits covered entities from discriminating against qualified individuals based solely on their disabilities. Specifically, it states that entities cannot:

• Determine that someone is ineligible for an organ transplant or related services based solely on their disability.
• Deny an individual an organ transplant or related services for the same reason.
• Refuse to refer an individual to a transplant center or deny placement on a waiting list.

Consideration of Disabilities

There are exceptions to these prohibitions:

• Entities may consider a disability if a physician determines it is medically significant concerning eligibility for transplant services.
• Even if a qualified individual cannot manage post-transplant care independently, their eligibility cannot be denied if they have a support network that can assist.

Reasonable Modifications

Covered entities are required to make reasonable modifications to their policies or procedures when necessary, ensuring accessibility for qualified individuals with disabilities. However, they are not obligated to make modifications if it would fundamentally change their operations.

Post-Transplant Considerations

The bill extends its provisions not just to the transplant process itself but also to evaluation, listing, and post-transplant treatment for qualified individuals.

Enforcement and Compliance

Individuals who believe they have been discriminated against under this bill can file a complaint with the Department of Health and Human Services. This does not limit any rights or remedies available under existing laws such as the Americans with Disabilities Act.

Overlap with Other Laws

The provisions of this bill do not override any state or local laws that provide more protection for individuals regarding organ transplants than this federal legislation.

Relevant Companies

None found.