Sec. 2. Definitions
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In this Act: The term auxiliary aids and services has the meaning given the term in section 4 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12103 ). The term covered entity means any licensed provider of health care services (including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers), and any transplant hospital (as defined in section 121.2 of title 42, Code of Federal Regulations or a successor regulation), that— is in interstate commerce; or provides health care services in a manner that— substantially affects or has a substantial relation to interstate commerce; or includes use of an instrument (including an instrument of transportation or communication) of interstate commerce.
The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term human organ has the meaning given the term in section 301(c) of the National Organ Transplant Act ( 42 U.S.C. 274e(c) ). The term organ transplant means the transplantation or transfusion of a donated human organ into the body of another human for the purpose of treating a medical condition. The term qualified individual means an individual who, with or without a support network, provision of auxiliary aids and services, or reasonable modifications to policies or practices, meets eligibility requirements for the receipt of a human organ.
The term reasonable modifications to policies or practices includes— communication with persons responsible for supporting a qualified individual with postsurgical or other care following an organ transplant or related services, including support with medication; consideration, in determining whether a qualified individual will be able to comply with health requirements following an organ transplant or receipt of related services, of support networks available to the qualified individual, including family, friends, and providers of home and community-based services, including home and community-based services funded through the Medicare or Medicaid program under title XVIII or XIX, respectively, of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.), another health plan in which the qualified individual is enrolled, or any program or source of funding available to the qualified individual; and the use of supported decision-making, when needed, by a qualified individual.
The term related services means services related to an organ transplant that consist of— evaluation; counseling; treatment, including postoperative treatment, and care; provision of information; and any other service recommended or required by a physician. The term supported decision-making means the use of a support person to assist a qualified individual in making health care decisions, communicate information to the qualified individual, or ascertain a qualified individual’s wishes.
Such term includes— the inclusion of the individual’s attorney-in-fact or health care proxy, or any person of the individual’s choice, in communications about the individual’s health care; permitting the individual to designate a person of the individual’s choice for the purposes of supporting that individual in communicating, processing information, or making health care decisions; providing auxiliary aids and services to facilitate the individual’s ability to communicate and process health-related information, including providing use of assistive communication technology; providing health information to persons designated by the individual, consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note) and other applicable laws and regulations governing disclosure of health information; providing health information in a format that is readily understandable by the individual; and working with a court-appointed guardian or other person responsible for making health care decisions on behalf of the individual, to ensure that the individual is included in decisions involving the health care of the individual and that health care decisions are in accordance with the individual’s own expressed interests.
The term support network means, with respect to a qualified individual, 1 or more people who are— selected by the qualified individual or by the qualified individual and the guardian of the qualified individual, to provide assistance to the qualified individual or guidance to that qualified individual in understanding issues, making plans for the future, or making complex decisions; and who may include the family members, friends, unpaid supporters, members of the religious congregation, and appropriate personnel at a community center, of or serving the qualified individual.
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- 42 USC 1320d–2
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