Texas Senate Bill SB1017

Texas 2021 - 87th Regular

Caption

Relating to prohibiting organ transplant recipient discrimination on the basis of certain disabilities.

Impact

The proposed legislative changes would amend existing provisions in the Health and Safety Code related to the allocation of organs for transplant. It ensures that individuals with disabilities have equal access to transplant services and establishes a standard whereby any decisions regarding eligibility or treatment must consider the condition of the individual rather than impose blanket exclusions based on disability. This aligns state health care practices with the mandates of the Americans with Disabilities Act (ADA), fostering a more inclusive healthcare environment.

Summary

SB1017 aims to prohibit discrimination against individuals with disabilities in the organ transplant process. The bill specifies that a healthcare provider cannot determine an individual's ineligibility for an organ transplant solely based on their disability. It prohibits denial of medical services related to organ transplants, such as evaluations, surgeries, counseling, and postoperative treatments, reinforcing the requirement for equitable treatment regardless of an individual's disability status. The act further advocates for the inclusion of auxiliary services to facilitate access to care for persons with disabilities throughout all stages of the transplant process.

Contention

Notably, there may be concerns regarding how the bill balances patient safety with inclusion. Some stakeholders argue that certain disabilities may affect eligibility for organ transplants due to medical factors; therefore, the individualized assessment clause introduced in the bill attempts to accommodate both sides. However, there may be discussions on the effectiveness and feasibility of implementing reasonable modifications for individuals requiring additional supports, which could lead to differing interpretations of what constitutes undue burden for healthcare providers.