Georgia 2025-2026 Regular Session

Georgia House Bill HB522 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 33 9780
2	2	House Bill 522
3	3	By: Representatives Gullett of the 19
4	4	th
5	5	, Scoggins of the 14
6	6	th
7	7	, Mathiak of the 82
8	8	nd
9	9	, and Gambill
10	10	of the 15
11	11	th
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to
16	16	1
17	17	general provisions regarding health, so as to prohibit certain healthcare providers and2
18	18	facilities from discriminating against potential organ transplant recipients due solely to the3
19	19	vaccine status of the potential recipient; to provide for definitions; to provide for related4
20	20	matters; to repeal conflicting laws; and for other purposes.5
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
22	22	SECTION 1.7
23	23	Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general8
24	24	provisions regarding health, is amended by revising Code Section 31-1-24, relating to organ9
25	25	transplant protections for individuals with disabilities and civil relief for violations, as10
26	26	follows:11
27	27	"31-1-24.12
28	28	(a) As used in this Code section, the term:13
29	29	(1) 'Anatomical gift' means a donation of any part or all of a human body conditioned14
30	30	upon the donor's death for the purpose of transplantation or transfusion.15
31	31	H. B. 522
32	32	- 1 - 25 LC 33 9780
33	33	(2) 'Auxiliary aids or services' means an aid or service that is used to provide information
34	34	16
35	35	to an individual with a cognitive, developmental, intellectual, neurological, or physical17
36	36	disability and is available in a format or manner that allows such individual to better18
37	37	understand such information. An auxiliary aid or service may include:19
38	38	(A) Qualified interpreters or other effective methods of making aurally delivered20
39	39	materials available to individuals with hearing impairments;21
40	40	(B) Qualified readers, taped texts, texts in accessible electronic format, or other22
41	41	effective methods of making visually delivered materials available to individuals with23
42	42	visual impairments; or24
43	43	(C) Supported decision-making services, including:25
44	44	(i) The use of a support personnel to communicate information to the individual with26
45	45	a disability, ascertain the wishes of such individual, or assist such individual in27
46	46	making decisions;28
47	47	(ii) The disclosure of information to a legal guardian, authorized representative, or29
48	48	another individual designated by the individual with a disability for such purpose, so30
49	49	long as the disclosure is consistent with state and federal law, including the federal31
50	50	Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section32
51	51	1320d,
52	52	et seq., and any regulations promulgated by the United States Department of33
53	53	Health and Human Services to implement such Act act;34
54	54	(iii) When an individual with a disability has a court appointed guardian or other35
55	55	person responsible for making medical decisions on behalf of such individual, any36
56	56	measures used to ensure that the individual is included in decisions involving the37
57	57	individual's health care healthcare and that medical decisions are in accord with the38
58	58	individual's own expressed interests; and39
59	59	(iv) Any other aid or service that is used to provide information in a format that is40
60	60	easily understandable and accessible to individuals with cognitive, neurological,41
61	61	H. B. 522
62	62	- 2 - 25 LC 33 9780
63	63	developmental, or intellectual disabilities, including any form of communication
64	64	42
65	65	technology.43
66	66	(3) 'Covered entity' means:44
67	67	(A) Any licensed provider of health care
68	68	healthcare services, including licensed health45
69	69	care healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care46
70	70	facilities, psychiatric residential treatment facilities, institutions for individuals with47
71	71	intellectual or developmental disabilities, and such licensed individuals or facilities48
72	72	providing health care healthcare services to incarcerated persons with disabilities; and49
73	73	(B) Any entity responsible for matching anatomical gift donors to potential recipients.50
74	74	(4) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),51
75	75	and any mutation or viral fragments thereof, or any disease or condition caused by severe52
76	76	acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which was the subject of the53
77	77	public health state of emergency declared by the Governor on March 14, 2020.54
78	78	(4)(5) 'Disability' has the same meaning as provided for in the Americans with55
79	79	Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, 42 U.S.C.56
80	80	Section 12102.57
81	81	(5)(6) 'Organ transplant' means the transplantation or transfusion of a part of a human58
82	82	body into the body of another human for the purpose of treating or curing a medical59
83	83	condition.60
84	84	(6)(7) 'Qualified recipient' means an individual who has a disability and meets the61
85	85	essential eligibility requirements for the receipt of an anatomical gift with or without any62
86	86	of the following:63
87	87	(A) Individuals or entities available to support and assist the recipient with an64
88	88	anatomical gift or transplantation;65
89	89	(B) Auxiliary aids or services; or66
90	90	(C) Reasonable modifications to the policies, practices, or procedures of a covered67
91	91	entity, including modifications to allow for either or both of the following:68
92	92	H. B. 522
93	93	- 3 - 25 LC 33 9780
94	94	(i) Communication with one or more individuals or entities available to support or
95	95	69
96	96	assist with the recipient's care and medication after surgery or transplantation; or70
97	97	(ii) Consideration of support networks available to the recipient, including family,71
98	98	friends, and home and community based services, including home and community72
99	99	based services funded through Medicaid, Medicare, another health plan in which the73
100	100	recipient is enrolled, or any program or source of funding available to the recipient,74
101	101	when determining whether the recipient is able to comply with posttransplant medical75
102	102	requirements.76
103	103	(8) 'Vaccine status' means whether or not an individual has received a specific
104	104	77
105	105	vaccination or series of vaccinations for COVID-19.78
106	106	(b)(1) The provisions of this Code section shall apply to all stages of the organ transplant79
107	107	process.80
108	108	(2) A covered entity shall not, solely on the basis of an individual's disability or vaccine81
109	109	status:82
110	110	(A) Consider the individual ineligible to receive an anatomical gift or organ transplant;83
111	111	(B) Deny medical services or other services related to organ transplantation, including84
112	112	diagnostic services, evaluation, surgery, counseling, and postoperative treatment and85
113	113	services;86
114	114	(C) Refuse to refer the individual to a transplant center or other related specialist for87
115	115	the purpose of being evaluated for or receiving an organ transplant;88
116	116	(D) Refuse to place a qualified recipient such an individual on an organ transplant89
117	117	waiting list;90
118	118	(E) Place a qualified recipient such an individual on an organ transplant waiting list at91
119	119	a lower priority position than the position at which the individual would have been92
120	120	placed if such individual did not have a disability or if not for the individual's vaccine93
121	121	status; or94
122	122	H. B. 522
123	123	- 4 - 25 LC 33 9780
124	124	(F) Refuse insurance coverage for any procedure associated with being evaluated for
125	125	95
126	126	or receiving an anatomical gift, including posttransplantation and posttransfusion care.96
127	127	(3) Notwithstanding paragraph (2) of this subsection, a covered entity may take an97
128	128	individual's disability into account when making treatment or coverage recommendations98
129	129	or decisions, solely to the extent that the individual's disability has been found by a99
130	130	physician, following an evaluation of such individual, to be medically significant to the100
131	131	provision of the anatomical gift.101
132	132	(4) If an individual has the necessary support system to assist such individual in102
133	133	complying with posttransplant medical requirements, a covered entity may not consider103
134	134	the individual's inability to independently comply with posttransplant medical104
135	135	requirements to be medically significant for the purposes of paragraph (3) of this105
136	136	subsection.106
137	137	(5) A covered entity shall make reasonable modifications to its policies, practices, or107
138	138	procedures to allow individuals with disabilities access to transplantation related services,108
139	139	including diagnostic services, surgery, coverage, postoperative treatment, and counseling,109
140	140	unless the entity can demonstrate that making such modifications would fundamentally110
141	141	alter the nature of such services.111
142	142	(6) A covered entity must take steps necessary to ensure that an individual with a112
143	143	disability is not denied medical services or other services related to organ transplantation,113
144	144	including diagnostic services, surgery, postoperative treatment, or counseling, due to the114
145	145	absence of auxiliary aids or services, unless the covered entity demonstrates that taking115
146	146	the steps would fundamentally alter the nature of the medical services or other services116
147	147	related to organ transplantation or would result in an undue burden for the covered entity.117
148	148	(7) Nothing in this Code section shall be deemed to require a covered entity to make a118
149	149	referral or recommendation for or perform a medically inappropriate organ transplant.119
150	150	H. B. 522
151	151	- 5 - 25 LC 33 9780
152	152	(8) A covered entity shall comply with the requirements of Titles II and III of the
153	153	120
154	154	Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of121
155	155	2008, 42 U.S.C. Section 12102.122
156	156	(c)(1) When it appears that a covered entity has violated or is violating any provision of123
157	157	this Code section, the affected individual may commence a civil action for injunctive and124
158	158	other equitable relief against such covered entity for purposes of enforcing compliance125
159	159	with this Code section. Such action may be brought in the district court for the county126
160	160	where the affected individual resides or resided or was denied the organ transplant or127
161	161	referral.128
162	162	(2) In an action brought under paragraph (1) of this Code section, the court shall give129
163	163	priority on its docket and expedited review, and may grant injunctive or other equitable130
164	164	relief, including:131
165	165	(A) Requiring auxiliary aids or services to be made available for a qualified recipient;132
166	166	(B) Requiring the modification of a policy, practice, or procedure of a covered entity;133
167	167	or134
168	168	(C) Requiring facilities be made readily accessible to and usable by a qualified135
169	169	recipient.136
170	170	(3) Nothing in this Code section is intended to limit or replace available remedies under137
171	171	the Americans with Disabilities Act of 1990, as amended, or any other applicable law.138
172	172	(4) This Code section does not create a right to compensatory or punitive damages139
173	173	against a covered entity."140
174	174	SECTION 2.141
175	175	All laws and parts of laws in conflict with this Act are repealed.142
176	176	H. B. 522
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