West Virginia 2022 Regular Session

West Virginia Senate Bill SB647

Introduced
2/16/22  
Refer
2/16/22  
Refer
2/23/22  
Engrossed
3/1/22  
Refer
3/2/22  
Refer
3/2/22  
Refer
3/4/22  
Enrolled
3/11/22  
Passed
3/21/22  

Caption

Prohibiting discrimination in organ donation process

Impact

The enactment of SB647 has significant implications for state laws regarding healthcare and disability rights. By reinforcing the legal protections against discrimination in healthcare access, specifically in organ transplantation, the bill aligns with the Americans with Disabilities Act of 1990. It establishes a requirement for covered entities, such as healthcare providers and transplant facilities, to modify their practices and policies to ensure that individuals with disabilities are not marginalized or placed at a disadvantage when it comes to organ transplant eligibility. This could lead to greater inclusivity and substantial improvements in how disabled individuals experience healthcare services in West Virginia.

Summary

Senate Bill 647 addresses the issue of discrimination against individuals with mental and physical disabilities in the context of organ transplantation. It aims to amend the Code of West Virginia by explicitly prohibiting actions from covered entities that deny access to organ transplants based solely on an individual's disability. The bill recognizes that such individuals have equal rights to healthcare and seeks to eliminate assumptions that undermine their eligibility for organ transplants due to perceived incapabilities or lack of support systems. From its legislative intent, it establishes a framework for fair and equal access to organ transplants for disabled individuals.

Sentiment

The general sentiment surrounding SB647 seems to be largely positive among advocates for disability rights. Supporters believe that the bill will help to dismantle age-old biases and discrimination faced by those with disabilities, ensuring they receive the medical care they deserve without prejudice. Conversely, there may be concerns regarding how the implementation of the bill will affect healthcare providers, particularly if they perceive the requirements as burdensome or if there are operational difficulties in aligning with the new regulations.

Contention

Notably, a point of contention revolves around the definitions and applicability of the bill's provisions. While the legislation promotes support for individuals with disabilities, some stakeholders may question how reasonable accommodations and modifications will be assessed and implemented. Issues such as determining the medical significance of a disability in the context of treatment decisions and the capabilities of healthcare systems to adapt to such changes could also raise concerns. Moreover, it may spark debate about the adequacy of support systems for disabled individuals and the role of healthcare providers in facilitating these accommodations.

Companion Bills

No companion bills found.

Similar Bills

WV HB3032

Prohibiting discrimination based on an individual’s mental or physical disability in access to organ transplantation

WV HB2752

Prohibiting discrimination in access to organ transplants based on physical or mental disability

MS SB2458

Anatomical gifts; prohibit discrimination against recipient based on disability.

MS HB20

Anatomical gifts; prohibit discrimination against recipient based on disability.

MS HB964

Anatomical gifts; prohibit discrimination against recipient based on disability.

MS HB435

Anatomical gifts; prohibit discrimination against recipient based on disability.

LA HB143

Provides for rights of qualified organ transplant candidates who have a disability

AL HB122

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.