Bill > H4332

This bill, titled "Providing for nondiscrimination in access to organ transplantation," aims to prevent discrimination against individuals with disabilities in the organ transplant process. It defines key terms like "auxiliary aids and services" (support to help individuals with disabilities communicate and access information, as defined by the Americans with Disabilities Act or ADA), "covered entity" (any healthcare provider or organization involved in matching organ donors to recipients), "disability" (as defined by the ADA), "qualified individual" (someone who meets transplant requirements with or without support), "reasonable modification" (changes to policies or practices to accommodate individuals, such as considering their support networks for post-transplant care), and "supported decision making" (using a support person to help an individual make medical decisions). The bill explicitly prohibits "covered entities" from denying organ transplants, related medical services, referrals, or placement on waiting lists solely based on a qualified individual's mental or physical disability. While a disability can be considered if it's medically significant to the transplant, the bill clarifies that an individual's inability to independently comply with post-transplant requirements is not medically significant if they have a support system. It also mandates "reasonable modifications" to policies and practices and the provision of "auxiliary aids and services" to ensure access to transplantation-related services, unless doing so would fundamentally alter the service or create an undue burden. The bill also requires compliance with federal disability laws and allows individuals to seek legal relief for discrimination, with the Attorney General empowered to investigate violations and bring civil actions, potentially resulting in equitable relief, injunctive relief, and civil penalties of up to $50,000 for a first violation and $100,000 for subsequent violations.