Charlotte Woodward Organ Transplant Discrimination Prevention Act · Referred in Senate (2025-06-24)

In this Act:

The term has the meaning given the term in section 4 of the Americans with Disabilities Act of 1990 (). auxiliary aids and services 42 U.S.C. 12103
The term means any licensed provider of health care services (including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers), and any transplant hospital (as defined in section 121.2 of title 42, Code of Federal Regulations or a successor regulation), that— covered entity
The term has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (). disability 42 U.S.C. 12102
The term has the meaning given the term in section 301(c) of the National Organ Transplant Act (). human organ 42 U.S.C. 274e(c)
The term means the transplantation or transfusion of a donated human organ into the body of another human for the purpose of treating a medical condition. organ transplant
The term means an individual who, with or without a support network, provision of auxiliary aids and services, or reasonable modifications to policies or practices, meets eligibility requirements for the receipt of a human organ. qualified individual
The term includes— reasonable modifications to policies or practices
The term means services related to an organ transplant that consist of— related services
The term means the use of a support person to assist a qualified individual in making health care decisions, communicate information to the qualified individual, or ascertain a qualified individual’s wishes. Such term includes— supported decision-making
The term means, with respect to a qualified individual, 1 or more people who are— support network

SEC. 3. Prohibition of discriminatory policy

The board of directors described in section 372(b)(1)(B) of the Public Health Service Act () shall not issue policies, recommendations, or other memoranda that would prohibit, or otherwise hinder, a qualified individual’s access to an organ transplant solely on the basis of that individual’s disability. 42 U.S.C. 274(b)(1)(B)

SEC. 4. Prohibition of discrimination

(a) In general

Subject to subsection (b), a covered entity may not, solely on the basis of a qualified individual’s disability—
- determine that the individual is ineligible to receive an organ transplant or related services;
- deny the individual an organ transplant or related services;
- refuse to refer the individual to an organ transplant center or other related specialist for the purpose of receipt of an organ transplant or other related services; or
- refuse to place the individual on an organ transplant waiting list.

(b) Exception

(1) In general
- (A) Medically significant disabilities
  - Notwithstanding subsection (a), a covered entity may take a qualified individual’s disability into account when making a health care treatment or coverage recommendation or decision, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the potential recipient, to be medically significant to the receipt of the organ transplant or related services, as the case may be.
- (B) Construction
  - Subparagraph (A) shall not be construed to require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant or medically inappropriate related services.
(2) Clarification
- If a qualified individual has the necessary support network to provide a reasonable assurance that the qualified individual will be able to comply with health requirements following an organ transplant or receipt of related services, as the case may be, the qualified individual’s inability to independently comply with those requirements may not be construed to be medically significant for purposes of paragraph (1).

A covered entity shall make reasonable modifications to policies or practices (including procedures) of such entity if such modifications are necessary to make an organ transplant or related services available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such policies or practices.

(d) Clarifications

(1) No denial of services because of absence of auxiliary aids and services
- For purposes of this section, a covered entity shall take such steps as may be necessary to ensure that a qualified individual with a disability is not denied a procedure associated with the receipt of an organ transplant or related services, because of the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking such steps would fundamentally alter the nature of the procedure being offered or would result in an undue burden on the entity.
(2) Compliance with other law

SEC. 5. Application to each part of process

The provisions of this Act—

that apply to an organ transplant, also apply to the evaluation and listing of a qualified individual, and to the organ transplant and post-organ-transplant treatment of such an individual; and
that apply to related services, also apply to the process for receipt of related services by such an individual.

H.R. 1520

Table of contents

SEC. 1. Short title

SEC. 2. Definitions

SEC. 3. Prohibition of discriminatory policy

SEC. 4. Prohibition of discrimination

SEC. 5. Application to each part of process

SEC. 6. Effect on other laws