This bill expressly prohibits organ transplant service providers that receive federal funds and state and local government programs from denying or restricting an individual's access to organ transplants on the basis of the individual's disability, except in limited circumstances.
Specifically, these entities may not take into account an individual's disability when providing transplant services, including with respect to eligibility, referrals for services, and placement on waiting lists. Entities must provide reasonable modifications to policies or appropriate auxiliary equipment and services unless doing so changes the fundamental nature of the program or activity involved. Any consideration of an individual's disability must be based on an individualized assessment and comply with the Americans with Disabilities Act of 1990 and other applicable laws.
The Office for Civil Rights of the Department of Health and Human Services (HHS) must consider for expedited resolution complaints alleging discrimination on the basis of disability with respect to organ transplant services. HHS must annually report to Congress on complaints received and recommendations to improve enforcement of the bill.
In addition, the bill prohibits discrimination on the basis of disability in the Organ Procurement and Transplantation Network's policies regarding allocating organs. This network is a public-private partnership linking professionals involved in the U.S. organ donation and transplantation system.