Texas 2021 - 87th Regular

Texas House Bill HB119 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 119
	1	+	By: Landgraf, et al. H.B. No. 119
	2	+	(Senate Sponsor - Zaffirini, Seliger)
	3	+	(In the Senate - Received from the House March 25, 2021;
	4	+	April 8, 2021, read first time and referred to Committee on Health &
	5	+	Human Services; April 26, 2021, reported adversely, with
	6	+	favorable Committee Substitute by the following vote: Yeas 9,
	7	+	Nays 0; April 26, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 119 By: Buckingham
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to prohibiting organ transplant recipient discrimination
6	15		on the basis of certain disabilities.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. The heading to Subchapter S, Chapter 161, Health
9	18		and Safety Code, is amended to read as follows:
10	19		SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR
11	20		TRANSPLANT
12	21		SECTION 2. Section 161.471, Health and Safety Code, is
13	22		amended to read as follows:
14	23		Sec. 161.471. DEFINITIONS [DEFINITION]. In this
15	24		subchapter:
16	25		(1) "Auxiliary aids and services" means:
17	26		(A) qualified interpreters or other effective
18	27		methods of making aurally delivered materials available to
19	28		individuals with hearing impairments;
20	29		(B) qualified readers, taped texts, or other
21	30		effective methods of making visually delivered materials available
22	31		to individuals with visual impairments;
23	32		(C) provision of information in a format readily
24	33		accessible and understandable to individuals with cognitive,
25	34		neurological, developmental, or intellectual disabilities;
26	35		(D) acquisition or modification of equipment or
27	36		devices; and
28	37		(E) other services and actions similar to those
29	38		described by Paragraphs (A), (B), (C), and (D).
30	39		(2) "Disability" has the meaning assigned by the
31	40		Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
32	41		seq.).
33	42		(3) "Health care facility" means a facility licensed,
34	43		certified, or otherwise authorized to provide health care in the
35	44		ordinary course of business, including a hospital, nursing
36	45		facility, laboratory, intermediate care facility, mental health
37	46		facility, transplant center, and any other facility for individuals
38	47		with intellectual or developmental disabilities.
39	48		(4) "Health care provider" means an individual or
40	49		facility licensed, certified, or otherwise authorized to provide
41	50		health care in the ordinary course of business or professional
42	51		practice, including a physician, hospital, nursing facility,
43	52		laboratory, intermediate care facility, mental health facility,
44	53		transplant center, and any other facility for individuals with
45	54		intellectual or developmental disabilities.
46	55		(5) "Organ [, "organ] procurement organization" means
47	56		an organization that is a qualified organ procurement organization
48	57		under 42 U.S.C. Section 273 that is currently certified or
49	58		recertified in accordance with that federal law.
50	59		SECTION 3. Subchapter S, Chapter 161, Health and Safety
51	60		Code, is amended by adding Section 161.473 to read as follows:
52	61		Sec. 161.473. DISCRIMINATION ON BASIS OF DISABILITY
53	62		PROHIBITED. (a) A health care provider may not, solely on the
54	63		basis of an individual's disability:
55	64		(1) determine an individual is ineligible to receive
56	65		an organ transplant;
57	66		(2) deny medical or other services related to an organ
58	67		transplant, including evaluation, surgery, counseling, and
59	68		postoperative treatment;
60	69		(3) refuse to refer the individual to a transplant
61	70		center or other related specialist for evaluation or receipt of an
62	71		organ transplant; or
63	72		(4) refuse to place the individual on an organ
64	73		transplant waiting list or place the individual at a position lower
65	74		in priority on the list than the position the individual would have
66	75		been placed if not for the individual's disability.
67	76		(b) Notwithstanding Subsection (a), a health care provider
68	77		may consider an individual's disability when making a treatment
69	78		recommendation or decision solely to the extent that a physician,
70	79		following an individualized evaluation of the potential transplant
71	80		recipient, determines the disability is medically significant to
72	81		the organ transplant. This section does not require a referral or
73	82		recommendation for, or the performance of, a medically
74	83		inappropriate organ transplant.
75	84		(c) A health care provider may not consider an individual's
76	85		inability to independently comply with post-transplant medical
77	86		requirements as medically significant for the purposes of
78	87		Subsection (b) if the individual has:
79	88		(1) a known disability; and
80	89		(2) the necessary support system to assist the
81	90		individual in reasonably complying with the requirements.
82	91		(d) A health care facility shall make reasonable
83	92		modifications in policies, practices, or procedures as necessary to
84	93		allow individuals with a disability access to organ
85	94		transplant-related services, including transplant-related
86	95		counseling, information, or treatment, unless the health care
87	96		facility can demonstrate that making the modifications would
88	97		fundamentally alter the nature of the services or would impose an
89	98		undue hardship on the facility. Reasonable modifications in
90	99		policies, practices, and procedures may include:
91	100		(1) communicating with persons supporting or
92	101		assisting with the individual's postsurgical and post-transplant
93	102		care, including medication; and
94	103		(2) considering the support available to the
95	104		individual in determining whether the individual is able to
96	105		reasonably comply with post-transplant medical requirements,
97	106		including support provided by:
98	107		(A) family;
99	108		(B) friends; or
100	109		(C) home and community-based services, including
101	110		home and community-based services funded by:
102	111		(i) Medicaid;
103	112		(ii) Medicare;
104	113		(iii) a health plan in which the individual
105	114		is enrolled; or
106	115		(iv) any other program or source of funding
107	116		available to the individual.
108	117		(e) A health care provider shall make reasonable efforts to
109	118		comply with the policies, practices, and procedures, as applicable,
110	119		developed by a health care facility under Subsection (d), as
111	120		necessary to allow an individual with a known disability access to
112	121		organ transplant-related services, including transplant-related
113	122		counseling, information, or treatment, unless the health care
114	123		provider can demonstrate that compliance would fundamentally alter
115	124		the nature of the services or would impose an undue hardship on the
116	125		health care provider.
117	126		(f) A health care provider shall make reasonable efforts to
118	127		provide auxiliary aids and services to an individual with a known
119	128		disability seeking organ transplant-related services, including
120	129		organ transplant-related counseling, information, or treatment, as
121	130		necessary to allow the individual access to those services, unless
122	131		the health care provider can demonstrate that providing the
123	132		transplant-related services with auxiliary aids and services
124	133		present would fundamentally alter the transplant-related services
125	134		provided or would impose an undue hardship on the health care
126	135		provider.
127	136		(g) A health care provider shall comply with the
128	137		requirements of the Americans with Disabilities Act of 1990 (42
129	138		U.S.C. Section 12101 et seq.) to the extent that Act applies to a
130	139		health care provider. This subsection may not be construed to
131	140		require a health care provider to comply with that Act if the Act
132	141		does not otherwise require compliance by the health care provider.
133	142		(h) This section applies to each stage of the organ
134	143		transplant process.
135	144		(i) A violation of this section is grounds for disciplinary
136	145		action by the regulatory agency that issued a license, certificate,
137	146		or other authority to a health care provider who committed the
138	147		violation. Before a regulatory agency may take disciplinary action
139	148		against a health care provider for a violation, the applicable
140	149		regulatory agency shall:
141	150		(1) notify the health care provider of the agency's
142	151		finding that the health care provider has violated or is violating
143	152		this section or a rule adopted under this section; and
144	153		(2) provide the health care provider with an
145	154		opportunity to correct the violation without penalty or reprimand.
146	155		(j) A physician who in good faith makes a determination that
147	156		an individual's disability is medically significant to the organ
148	157		transplant, as described by Subsection (b), does not violate this
149	158		section.
150	159		(k) A health care provider who in good faith makes a
151	160		treatment recommendation or decision on the basis of a physician's
152	161		determination that an individual's disability is medically
153	162		significant to the organ transplant, as described by Subsection
154	163		(b), does not violate this section.
155	164		SECTION 4. Not later than January 1, 2022, the executive
156	165		commissioner of the Health and Human Services Commission shall
157	166		adopt any rules necessary to implement Subchapter S, Chapter 161,
158	167		Health and Safety Code, as amended by this Act.
159	168		SECTION 5. This Act takes effect September 1, 2021.
160		-	______________________________ ______________________________
161		-	President of the Senate Speaker of the House
162		-	I certify that H.B. No. 119 was passed by the House on March
163		-	25, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not
164		-	voting; and that the House concurred in Senate amendments to H.B.
165		-	No. 119 on May 3, 2021, by the following vote: Yeas 144, Nays 0, 1
166		-	present, not voting.
167		-	______________________________
168		-	Chief Clerk of the House
169		-	I certify that H.B. No. 119 was passed by the Senate, with
170		-	amendments, on April 29, 2021, by the following vote: Yeas 31,
171		-	Nays 0.
172		-	______________________________
173		-	Secretary of the Senate
174		-	APPROVED: __________________
175		-	Date
176		-	__________________
177		-	Governor
	169	+	* * * * *