Alabama House Bill HB122

Alabama 2023 Regular Session

• Introduced: 3/21/23
• Refer: 3/21/23
• Report Pass: 4/19/23
• Engrossed: 5/11/23
• Refer: 5/11/23
• Report Pass: 5/17/23
• Enrolled: 5/26/23
• Passed: 5/26/23

Caption

Relating to health care; to prohibit discrimination against an individual with a disability in receiving an anatomical gift or organ transplant based on his or her disability; to require health care providers and organ transplant centers to provide reasonable accommodations to individuals with a disability in medical need of an anatomical gift or organ transplant; and to provide disabled individuals the right to equitable relief.

Impact

The enactment of HB122 will modify state health care laws by reinforcing protections for individuals with disabilities accessing organ transplants. It mandates healthcare providers and transplant entities create systems to ensure equitable treatment. This means that not only will individuals with disabilities be granted the rights to equal consideration for organ transplants, but they will also receive the necessary support that facilitates their participation in the transplant process. The bill is expected to close gaps in current healthcare regulations, promoting a fairer allocation of medical resources to disabled individuals in Alabama.

Summary

House Bill 122, known as Exton's Law, is aimed at prohibiting discrimination against individuals with disabilities regarding access to anatomical gifts or organ transplants. The legislation asserts that having a mental or physical disability should not lessen an individual's right to health care services. It emphasizes that individuals with disabilities should not be unfairly denied organ transplants based on discriminatory assumptions about their lives or ability to comply with post-transplant care. The bill mandates that health care providers and transplant centers offer reasonable accommodations to this demographic, thereby enhancing access to essential medical resources.

Sentiment

The general sentiment surrounding HB122 has been largely positive, with a broad support base advancing the concept of equity in healthcare. Legislators, health advocates, and disability rights organizations have praised the bill as a significant step towards dismantling barriers faced by individuals with disabilities in the healthcare system. Conversely, some concerns have been raised regarding the practicality of implementing these accommodations and the potential for misuse of the provisions by entities reluctant to change long-standing practices.

Contention

Despite its positive reception, there are points of contention, mainly surrounding the balance of medical appropriateness versus equitable treatment. Critics argue that the stipulation to deny the use of disability as a sole criteria for transplant eligibility could lead to situations where medically advisable decisions may conflict with the bill’s mandates. Thus, ensuring that the implementation of this law does not inadvertently compromise patient safety or transplant efficacy is a significant concern for some stakeholders.