Summary

Prohibits transplant programs and a specified federal transplant board from denying evaluation, listing, transplantation, or related transplant services to a qualified individual solely because of a disability. It requires covered health care providers and transplant hospitals to make reasonable policy modifications, provide auxiliary aids and supports (including supported decision-making and use of a support network) unless doing so would fundamentally alter care or impose undue burden, and relies on individualized medical determinations when a disability has a medically significant impact on transplant candidacy. Protects rights already available under disability nondiscrimination laws, allows complaints to the HHS Office for Civil Rights for expedited review, and preserves state or local laws that give greater protections than this law provides.

Key Points

• Bars transplant programs and a named federal transplant board from denying transplant access solely because of a disability.
• Requires covered transplant providers to offer reasonable modifications, supports, and auxiliary aids to qualified individuals unless doing so would fundamentally alter care or impose undue burden.
• Preserves medical judgment: a disability may be considered only after an individualized medical evaluation shows it is medically significant to safe transplant care.
• Extends nondiscrimination protections across the whole transplant process: evaluation, listing, the transplant itself, and post-transplant care.
• Recognizes supported decision-making and support networks as valid means to assure post-transplant compliance and access.
• Allows complaints to HHS Office for Civil Rights with expedited handling and preserves other legal remedies under ADA, Rehabilitation Act, and ACA.
• Cross-references existing federal definitions and HIPAA disclosure rules for communications involving support persons.
• Does not override state or local laws that provide greater transplant-related protections.

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