Oklahoma Senate Bill SB378

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21
• Report Pass: 2/18/21
• Engrossed: 3/11/21
• Refer: 3/22/21
• Report Pass: 4/1/21
• Enrolled: 4/14/21
• Passed: 4/20/21

Caption

Organ donation and anatomical gifts; creating Everett's Law; prohibiting and requiring certain actions by covered entity; prohibiting certain actions by health carrier. Effective date.

Impact

The introduction of SB378 represents a significant shift in the legal framework governing organ donation and health care services in Oklahoma. By explicitly prohibiting discrimination against individuals with disabilities in organ transplant situations, the bill aligns state law with federal mandates set forth in the Americans with Disabilities Act. The law is designed to ensure all qualified recipients, regardless of their disabilities, can access necessary medical services related to organ transplantation without being placed at a disadvantage, particularly in decision-making processes about eligibility.

Summary

Senate Bill 378, also known as Everett’s Law, seeks to enhance the protections and rights of individuals with disabilities in relation to organ donation and transplantation. The legislation stipulates that health carriers and covered entities are prohibited from denying coverage or services based on an individual's disability status. This bill aims to ensure that individuals with disabilities are not unfairly discriminated against in the context of receiving organ transplants or related medical services, promoting equal access to healthcare solutions for all individuals, regardless of their disability status.

Sentiment

The sentiments surrounding SB378 are largely positive, reflecting a growing recognition of the need for inclusivity and equal access in health-related legislation. Supporters of the bill view it as a critical step toward ensuring that individuals with disabilities are afforded the same opportunities as others when it comes to life-saving medical procedures like organ transplants. However, there are concerns from some healthcare providers regarding the implications for treatment protocols and coverage determinations.

Contention

One notable point of contention surrounding SB378 is the balance between addressing the needs of individuals with disabilities and the practical considerations of healthcare providers in determining medical appropriateness. While the bill ensures protections for disabled individuals, it also permits healthcare entities to take disabilities into account when making treatment recommendations, which some argue may still allow for the possibility of discrimination disguised under medical necessity. This duality creates an ongoing debate about the line between necessary medical evaluations and potential bias in patient care.