Texas 2021 - 87th Regular

Texas House Bill HB473 Compare Versions

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

Old	New	Differences
1	1	87R2906 EAS-D
2	2	By: White H.B. No. 473
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting organ transplant recipient discrimination
8	8	on the basis of certain disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter S, Chapter 161, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR
13	13	TRANSPLANT
14	14	SECTION 2. Section 161.471, Health and Safety Code, is
15	15	amended to read as follows:
16	16	Sec. 161.471. DEFINITIONS [DEFINITION]. In this
17	17	subchapter:
18	18	(1) "Auxiliary aids and services" includes:
19	19	(A) qualified interpreters or other effective
20	20	methods of making aurally delivered materials available to
21	21	individuals with hearing impairments;
22	22	(B) qualified readers, taped texts, or other
23	23	effective methods of making visually delivered materials available
24	24	to individuals with visual impairments;
25	25	(C) provision of information in a format
26	26	accessible to individuals with cognitive, neurological,
27	27	developmental, or intellectual disabilities;
28	28	(D) provision of supported decision-making
29	29	services;
30	30	(E) acquisition or modification of equipment or
31	31	devices; and
32	32	(F) other similar services and actions.
33	33	(2) "Disability" has the meaning assigned by the
34	34	Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et
35	35	seq.).
36	36	(3) "Health care provider" means:
37	37	(A) an individual or facility licensed,
38	38	certified, or otherwise authorized to provide health care in the
39	39	ordinary course of business or professional practice, including a
40	40	physician, hospital, nursing facility, laboratory, intermediate
41	41	care facility, mental health facility, and any other facility for
42	42	individuals with intellectual or developmental disabilities; and
43	43	(B) an organ procurement organization.
44	44	(4) "Organ [, "organ] procurement organization" means
45	45	an organization that is a qualified organ procurement organization
46	46	under 42 U.S.C. Section 273 that is currently certified or
47	47	recertified in accordance with that federal law.
48	48	(5) "Supported decision making" means the use of a
49	49	support person to assist an individual in making medical decisions,
50	50	communicate information to the individual, or ascertain an
51	51	individual's wishes, including:
52	52	(A) allowing the individual's attorney-in-fact
53	53	or agent under a medical power of attorney or any person the
54	54	individual selects to be included in communications related to the
55	55	individual's medical care;
56	56	(B) permitting the individual to designate a
57	57	person to support the individual in communicating, processing
58	58	information, or making medical decisions;
59	59	(C) providing auxiliary aids and services to
60	60	assist the individual in communicating and processing
61	61	health-related information, including the use of assistive
62	62	communication technology;
63	63	(D) providing information to persons designated
64	64	by the individual in a manner consistent with the Health Insurance
65	65	Portability and Accountability Act of 1996 (Pub. L. No. 104-191),
66	66	regulations adopted under that Act, and other applicable laws and
67	67	regulations governing disclosure of health information;
68	68	(E) providing health information in a format that
69	69	is readily understandable by the individual; and
70	70	(F) if the individual has a court-appointed
71	71	guardian or other individual responsible for making medical
72	72	decisions on behalf of the individual, ensuring that the individual
73	73	is included in decisions involving the individual's health care and
74	74	that medical decisions are made in accordance with the individual's
75	75	expressed interests.
76	76	SECTION 3. Subchapter S, Chapter 161, Health and Safety
77	77	Code, is amended by adding Section 161.473 to read as follows:
78	78	Sec. 161.473. DISCRIMINATION ON BASIS OF DISABILITY
79	79	PROHIBITED. (a) A health care provider may not, solely on the
80	80	basis of an individual's disability:
81	81	(1) determine an individual is ineligible to receive
82	82	an organ transplant;
83	83	(2) deny medical or other services related to an organ
84	84	transplant, including evaluation, surgery, counseling, and
85	85	postoperative treatment;
86	86	(3) refuse to refer the individual to a transplant
87	87	center or other related specialist for evaluation or an organ
88	88	transplant;
89	89	(4) refuse to place an individual on an organ
90	90	transplant waiting list or place the individual at a position lower
91	91	in priority on the list than the position the individual would have
92	92	been placed if not for the individual's disability; or
93	93	(5) decline insurance coverage for any procedure
94	94	associated with the organ transplant, including post-transplant
95	95	care.
96	96	(b) Notwithstanding Subsection (a), a health care provider
97	97	may consider an individual's disability when making a treatment or
98	98	coverage recommendation or decision solely to the extent that a
99	99	physician or surgeon, following an individualized evaluation of the
100	100	potential recipient, determines the disability is medically
101	101	significant to the organ transplant. This section does not require
102	102	a referral or recommendation for, or the performance of, a
103	103	medically inappropriate organ transplant.
104	104	(c) A health care provider may not consider an individual's
105	105	inability to independently comply with post-transplant medical
106	106	requirements as medically significant for the purposes of
107	107	Subsection (b) if the individual has the necessary support system
108	108	to assist the individual in complying with the requirements.
109	109	(d) A health care provider shall make reasonable
110	110	modifications in policies, practices, or procedures as necessary to
111	111	make services, including transplant-related counseling,
112	112	information, coverage, or treatment, available to an individual
113	113	with a disability, unless the health care provider can demonstrate
114	114	that making the modifications would fundamentally alter the nature
115	115	of the services. Reasonable modifications may include:
116	116	(1) communicating with persons responsible for
117	117	supporting an individual with postsurgical and post-transplant
118	118	care, including medication; and
119	119	(2) considering the support available to the
120	120	individual in determining whether the individual is able to comply
121	121	with post-transplant medical requirements, including support
122	122	provided by:
123	123	(A) family;
124	124	(B) friends; or
125	125	(C) home and community-based services, including
126	126	home and community-based services funded by:
127	127	(i) the medical assistance program
128	128	established under Chapter 32, Human Resources Code;
129	129	(ii) Medicare;
130	130	(iii) a health plan in which the individual
131	131	is enrolled; or
132	132	(iv) any other program or source of funding
133	133	available to the individual.
134	134	(e) A health care provider shall ensure that an individual
135	135	with a disability is not denied services, including
136	136	transplant-related counseling, information, coverage, or
137	137	treatment, because auxiliary aids and services are absent unless
138	138	the health care provider can demonstrate that providing the
139	139	services with auxiliary aids and services present would
140	140	fundamentally alter the services provided or would impose an undue
141	141	burden on the health care provider.
142	142	(f) A health care provider shall comply with the
143	143	requirements of Titles II and III of the Americans with
144	144	Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq.).
145	145	(g) This section applies to each stage of the organ
146	146	transplant process.
147	147	(h) A violation of this section is grounds for disciplinary
148	148	action by the regulatory agency that issued a license, certificate,
149	149	or other authority to a health care provider who committed the
150	150	violation.
151	151	SECTION 4. Not later than December 1, 2021, the executive
152	152	commissioner of the Health and Human Services Commission shall
153	153	adopt any rules necessary to implement Subchapter S, Chapter 161,
154	154	Health and Safety Code, as amended by this Act.
155	155	SECTION 5. This Act takes effect September 1, 2021.