S1782-119

What This Bill Does

The Charlotte Woodward Organ Transplant Discrimination Prevention Act bars transplant hospitals and other covered health care entities from denying organ transplants, transplant-related services, referrals, or waiting-list placement solely because a qualified individual has a disability. It also bars the transplant policy board under the Public Health Service Act from issuing policies that would prohibit or hinder access to a transplant solely on the basis of disability.

Who Benefits and How

Qualified individuals with disabilities benefit because transplant eligibility must consider auxiliary aids, support networks, supported decision-making, and reasonable policy modifications rather than assuming the person cannot comply with post-transplant requirements. Family members, friends, home- and community-based service providers, and other support-network participants benefit because the bill requires their role to be considered in evaluating post-surgical care and medication compliance. Disability-rights complainants benefit from an expedited path to the HHS Office for Civil Rights. States with stronger transplant-discrimination protections benefit because the bill does not override those stronger laws.

Who Bears the Burden and How

Transplant hospitals and licensed health care providers must change policies and practices, provide auxiliary aids and services unless doing so would be an undue burden or fundamental alteration, make reasonable modifications unless they fundamentally alter the service, and avoid categorical disability-based denials. Organ-transplant policy board members must avoid policies, recommendations, or memoranda that would hinder transplant access solely on disability grounds. HHS Office for Civil Rights staff must handle expedited complaints alleging violations.

Key Provisions

• Defines covered entities, qualified individuals, reasonable modifications, related services, supported decision-making, and support networks.
• Prohibits transplant policy-board actions that would hinder qualified individuals' organ-transplant access solely because of disability.
• Prohibits covered entities from denying transplant eligibility, services, referrals, or waiting-list placement solely on disability grounds.
• Requires individualized medical evaluation before disability may be considered medically significant to transplant eligibility.
• Requires reasonable modifications, auxiliary aids, and HHS Office for Civil Rights complaint access while preserving stronger state and local protections.