HB 2659
Initials AG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: HHS DP 9-0-0-0
HB 2659: organ transplants; disabilities; discrimination; prohibition
Sponsor: Representative Kaiser, LD 15
Caucus & COW
Overview
Requires a health care facility to make reasonable modifications to its policies, practices or
procedures to allow individuals with a disability access to organ transplant-related services.
History
An organ procurement organization means a person that is designated by the Secretary of the
U.S. Department of Health and Human Services as an organ procurement organization (A.R.S. §
841). Statute allows an anatomical gift to be made during the life of the donor for the purpose of
transplantation, therapy, research or education if certain criteria are met (A.R.S. § 36-843).
When a hospital refers and individual at or near death to an organ procurement organization, the
organization must make a reasonable search of the records of any donor registry that it knows
exists for the geographical area in which the individual resides to determine if the individual has
made an anatomical gift. The organ procurement organization may conduct any reasonable
examination necessary to ensure the medical suitability of a part that is or could be the subject of
an anatomical gift for transplantation, therapy, research or education from a donor or prospective
donor. During the examination period, measures necessary to ensure the medical suitability of
the part may not be withdrawn unless the hospital or procurement organization knows that the
individual expressed a contrary intent (A.R.S. § 36-852).
Provisions
Organ transplant; Eligibility; Individuals with Disabilities; Prohibitions
1. Precludes a health care provider from doing any of the following solely on the basis of an
individual's disability:
a) Determining that the individual is ineligible to receive an organ transplant;
b) Denying the individual medical or other services related to an organ transplant, including
evaluation, surgery, counseling and postoperative treatment;
c) Refusing to refer the individual on an organ transplant waiting list or place the individual
at a position lower in priority on the list than the position the individual would be placed if
not for their disability; and
d) Declining insurance coverage for the individual. (Sec. 2)
2. Allows a health care provider to consider an individual's disability when making a treatment
recommendation or decision solely to the extent that a physician, following an individualized
evaluation of the potential transplant recipient determines that the disability is medically
significant to the organ transplant. (Sec. 2)
3. Prohibits a health care provider from considering an individual's inability to independently
comply with posttransplant medical requirements as medically significant for the purposes of
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considering an individual's disability for treatment if the individual has a known disability and
the necessary support system to assist the individual in complying with the requirements.
(Sec. 2)
4. Requires a health care facility to make reasonable modifications in its policies, practices or
procedures as necessary to allow individuals with a disability access to organ transplant-
related services, unless the health care facility can demonstrate that the modification would
alter the nature of services or impose an undue hardship on them. (Sec. 2)
5. Outlines the types of reasonably modifications a health care facility can include in their
policies, practices and procedures. (Sec. 2)
6. Requires a health care facility to make reasonable efforts to comply with the policies, practices
or procedures as applicable to allow individuals with a known disability access to organ
transplant-related services, unless the health care provider can demonstrate that compliance
would alter the nature of services or impose an undue hardship on them. (Sec. 2)
7. Directs a health care provider to make reasonable efforts to provide auxiliary aids and services
to an individual with a known disability seeking organ transplant-related services, unless the
health care provider can demonstrate that providing the transplant-related services with
auxiliary aids and services would alter the transplant-related services provided or impose an
undue hardship on them. (Sec. 2)
8. Requires a health care provider to comply with the requirements of the American with
Disabilities Act of 1990 (ADA) to the extent that act applies to them. (Sec. 2)
9. Stipulates that these provisions to not require a health care provider to comply with the ADA
if it does not otherwise require compliance by them. (Sec. 2)
10. States that these provisions apply to each stage of the organ transplant process and related
services to an organ transplant, including:
a) Evaluation;
b) Counseling;
c) Treatment, including postoperative treatment and care;
d) Providing information; and
e) Any other service recommended or required by a physician. (Sec. 2)
11. Stipulates that a health care provider in violation of these provisions is grounds for disciplinary
action by the regulatory agency or board that issued their license, certificate or other authority
to the provider. (Sec. 2)
12. Specifies that before a regulatory agency or board take disciplinary action against a health
care provider for a violation they must:
a) Notify the health care provider of the agency's or board's finding of the alleged violation;
and
b) Provide the health care provider with an opportunity to correct the violation without penalty
or reprimand. (Sec. 2)
13. Specifies that a physician who in good faith determines that an individual's disability is
medically significant to the organ transplant does not violate these provisions. (Sec. 2)
14. Stipulates that a health care provider who in good faith makes a treatment recommendation
or decision on the basis of a physician's determination that an individual's disability is
medically significant to the organ transplant does not violate these provisions. (Sec. 2)
HB 2659
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Organ transplant; Discrimination; Violation; Civil action
15. Enables an individual that believes a health care provider or health care facility has violated
or is violating the aforementioned provisions to commence a civil action for injunctive and
other equitable relief against the health care provider or health care facility to enforce
compliance. (Sec. 2)
16. Permits the action to be brought in superior court in the county where the affected individual
resides, resided or was denied the organ transplant or referral. (Sec. 2)
17. Directs a court to give an action brought priority on its docket and an expedited review.
(Sec. 2)
18. Outlines the types of injunctive or equitable relief the court can provide when an action is
brought. (Sec. 2)
19. Specifies that these provisions do not limit or replace available remedies under the ADA as
amended or any other applicable law. (Sec. 2)
20. Specifies that these provisions do not create a right to compensatory or punitive damages
against a health care provider or health care facility. (Sec. 2)
21. Modifies organ procurement organization to mean a qualified organ procurement organization
under 42 U.S.C. § 273 that is currently certified or recertified in accordance with federal law,
rather than a person that is designated by the Secretary of the United States Department of
Health and Human Services as an organ procurement organization. (Sec. 1)
22. Defines the following terms:
a) Auxiliary aids and services;
b) Disability;
c) Health care facility;
d) Health care provider. (Sec. 1)
23. Makes technical and conforming changes. (Sec. 1, 3)