Sec. 4. Prohibition of discrimination
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/bill/119/hr/1520/rh/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), a covered entity may not, solely on the basis of a qualified individual’s disability— determine that the individual is ineligible to receive an organ transplant or related services; deny the individual an organ transplant or related services; refuse to refer the individual to an organ transplant center or other related specialist for the purpose of receipt of an organ transplant or other related services; or refuse to place the individual on an organ transplant waiting list.
Notwithstanding subsection (a), a covered entity may take a qualified individual’s disability into account when making a health care treatment or coverage recommendation or decision, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the potential recipient, to be medically significant to the receipt of the organ transplant or related services, as the case may be. Subparagraph
(A)shall not be construed to require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant or medically inappropriate related services. If a qualified individual has the necessary support network to provide a reasonable assurance that the qualified individual will be able to comply with health requirements following an organ transplant or receipt of related services, as the case may be, the qualified individual’s inability to independently comply with those requirements may not be construed to be medically significant for purposes of paragraph (1). A covered entity shall make reasonable modifications to policies or practices (including procedures) of such entity if such modifications are necessary to make an organ transplant or related services available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such policies or practices. For purposes of this section, a covered entity shall take such steps as may be necessary to ensure that a qualified individual with a disability is not denied a procedure associated with the receipt of an organ transplant or related services, because of the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking such steps would fundamentally alter the nature of the procedure being offered or would result in an undue burden on the entity. Nothing in this section shall be construed— to prevent a covered entity from providing organ transplants or related services at a level that is greater than the level that is required by this section; or to limit the rights of an individual with a disability under, or to replace or limit the scope of obligations imposed by, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) including the provisions added to such Act by the ADA Amendments Act of 2008, section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), or any other applicable law. Any individual who alleges that a qualified individual was subject to a violation of this section by a covered entity may bring a claim regarding the allegation to the Office for Civil Rights of the Department of Health and Human Services, for expedited resolution, as appropriate. Nothing in this subsection is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) or any other applicable law.
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