S. 1782

119th CONGRESS 1st Session

To prohibit discrimination on the basis of mental or physical disability in cases of organ transplants.

IN THE SENATE OF THE UNITED STATES · May 15, 2025 · Sponsor: Mrs. Moody · Committee: Committee on Health, Education, Labor, and Pensions

S. 1782

SEC. 1. Short title

This Act may be cited as the Charlotte Woodward Organ Transplant Discrimination Prevention Act.

SEC. 2. Definitions

In this Act:
- The term auxiliary aids and services has the meaning given the term in section 4 of the Americans with Disabilities Act of 1990 (). 42 U.S.C. 12103
- The term covered entity 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—
- The term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (). 42 U.S.C. 12102
- The term human organ has the meaning given the term in section 301(c) of the National Organ Transplant Act (). 42 U.S.C. 274e(c)
- The term organ transplant means the transplantation or transfusion of a donated human organ into the body of another human for the purpose of treating a medical condition.
- The term qualified individual 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.
- The term includes— reasonable modifications to policies or practices
- The term related services means services related to an organ transplant that consist of—
- The term supported decision-making 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—
- The term support network means, with respect to a qualified individual, 1 or more people who are—

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).
(c) Reasonable modifications
- 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
  - Nothing in this section shall be construed—
    - to prevent a covered entity from providing organ transplants or related services at a level that is greater than the level that is required by this section; or
    - to limit the rights of an individual with a disability under, or to replace or limit the scope of obligations imposed by, the Americans with Disabilities Act of 1990 () including the provisions added to such Act by the ADA Amendments Act of 2008 (), section 504 of the Rehabilitation Act of 1973 (), section 1557 of the Patient Protection and Affordable Care Act (), or any other applicable law. 42 U.S.C. 12101 et seq.; Public Law 110–325; 29 U.S.C. 794; 42 U.S.C. 18116
(e) Enforcement
- (1) In general
  - Any individual who alleges that a qualified individual was subject to a violation of this section by a covered entity may bring a claim regarding the allegation to the Office for Civil Rights of the Department of Health and Human Services, for expedited resolution, as appropriate.
- (2) Rule of construction
  - Nothing in this subsection is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990 () or any other applicable law. 42 U.S.C. 12101 et seq.

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.

SEC. 6. Effect on other laws

Nothing in this Act shall be construed to supersede any provision of any State or local law that provides greater rights to qualified individuals with respect to organ transplants than the rights established under this Act.