,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hiha ,,in ,,the ,,house ,,of ,,representatives ,december #af1 #bjbj,ms4 ,herrera ,beutler 7for herself and ,ms4 ,porter7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to prohibit discrimination on the basis of mental or physical disability in cases of anatomical gifts and organ transplants4 #a4 ,short title ,this ,act may be cited as the ,charlotte ,woodward ,organ ,transplant ,discrimination ,prevention ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,anatomical gift ,the term anatomical gift means a donation of all or part of a human body that takes effect after the death of the donor for the purpose of transplantation or transfusion4 7#b7 ,auxiliary aids and services ,the term auxiliary aids and services includes-- 7,a7 qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments2 7,b7 qualified readers1 taped texts1 or other effective methods of making visually delivered materials available to individuals with visual impairments2 7,c7 provision of information in a format that is accessible for individuals with cognitive1 neurological1 developmental1 or intellectual disabilities2 7,d7 provision of supported decision-making services2 and 7,e7 acquisition or modification of equipment or devices4 7#c7 ,covered entity ,the term covered entity means-- 7,a7 any licensed provider of health care services1 including licensed health care practitioners1 hospitals1 nursing facilities1 laboratories1 intermediate care facilities1 psychiatric residential treatment facilities1 institutions for individuals with intellectual or developmental disabilities1 and prison health centers2 or 7,b7 any entity responsible for matching anatomical gift donors to potential recipients4 7#d7 ,disability ,the term disability has the same meaning given such term in section #d of the ,americans with ,disabilities ,act of #aiij4 7#e7 ,organ transplant ,the term organ transplant means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition4 7#f7 ,qualified individual ,the term qualified individual means an individual who1 with or without a support network1 provision of auxiliary aids and services1 or reasonable modifications to policies or practices1 meets eligibility requirements for the receipt of an anatomical gift4 7#g7 ,reasonable modifications to policies or practices ,the term reasonable modifications to policies or practices include-- 7,a7 communication with individuals responsible for supporting an individual with postsurgical and post-transplantation care1 including medication2 and 7,b7 consideration of support networks available to the individual1 including family1 friends1 and home and community-based services1 including home and community-based services funded through medicaid1 medicare1 another health plan in which the individual is enrolled1 or any program or source of funding available to the individual1 in determining whether the individual is able to comply with posttransplant medical requirements4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#i7 ,supported decision making ,the term supported decision making means the use of a support person to assist an individual in making medical decisions1 communicate information to the individual1 or ascertain an individual's wishes4 ,such term may include-- 7,a7 the inclusion of the individual's attorney-in-fact1 health care proxy1 or any person of the individual's choice in communications about the individual's medical care2 7,b7 permitting the individual to designate a person of their choice for the purposes of supporting that individual in communicating1 processing information1 or making medical decisions2 7,c7 providing auxiliary aids and services to facilitate the individual's ability to communicate and process health-related information1 including use of assistive communication technology2 7,d7 providing information to persons designated by the individual1 consistent with the provisions of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#d ,u4,s4,c4 #ac et seq471 and other applicable laws and regulations governing disclosure of health information2 7,e7 providing health information in a format that is readily understandable by the individual2 and 7,f7 working with a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual1 to ensure that the individual is included in decisions involving the health care of the individual and that medical decisions are in accordance with the individual's own expressed interests4 7#aj7 ,support network ,the term support network means1 with respect to a person1 one or more individuals selected by the person or by the person and the guardian of the person1 to provide assistance to that person or guidance to that person in understanding issues1 making plans for the future1 or making complex decisions1 including the person's family1 friends1 unpaid supporters1 religious congregations1 and community centers4 #c4 ,prohibition of discrimination 7a7 ,in general ,subject to subsection 7b71 a covered entity may not1 solely on the basis of a qualified individual's mental or physical disability-- 7#a7 deem such individual ineligible to receive an anatomical gift or organ transplant2 7#b7 deny such individual medical or related organ transplantation services1 including evaluation1 surgery1 counseling1 and postoperative treatment and care2 7#c7 refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an organ transplant2 7#d7 refuse to place an individual on an organ transplant waiting list1 or placement of the individual at a lower-priority position on the list than the position at which the individual would have been placed if not for the disability of the individual2 or 7#e7 decline insurance coverage for such individual for any procedure associated with the receipt of an anatomical gift1 including post-transplantation care if such procedure would be covered under such coverage for such individual if not for the disability of the individual4 7b7 ,exception 7#a7 ,in general ,notwithstanding subsection 7a71 a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions1 solely to the extent that the physical or mental disability has been found by a physician1 following an individualized evaluation of the potential recipient1 to be medically significant to the provision of the anatomical gift4 ,the previous sentence shall not be treated as requiring referrals or recommendations for1 or the performance of1 medically inappropriate organ transplants4 7#b7 ,clarification ,if an individual has the necessary support system to provide reasonable assurance that the individual will comply with posttransplant medical requirements1 the individual's inability to independently comply with those requirements may not be deemed to be medically significant for purposes of paragraph 7#a74 7c7 ,reasonable modifications ,a covered entity shall make reasonable modifications to policies1 practices1 or procedures of such entity if such modifications are necessary to make services such as transplantation-related counseling1 information1 coverage1 or treatment available to qualified individuals with disabilities1 unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services4 7d7 ,clarifications 7#a7 ,a covered entity shall take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling1 information1 coverage1 or treatment because of the absence of auxiliary aids and services1 unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or would result in an undue burden4 7#b7 ,a covered entity shall otherwise comply with the requirements of titles ,,ii and ,,iii of the ,americans with ,disabilities ,act of #aiij and the ,americans with ,disabilities ,act ,amendments ,act of #bjjh4 7#c7 ,the provisions of this section apply to each part of the organ transplant process4 #d4 ,enforcement 7a7 ,in general ,any individual with a claim1 with respect to a covered entity1 to be 7or to have been7 subject to discrimination in violation of section #c-- 7#a7 may bring such a claim to the ,office for ,civil ,rights of the ,department of ,health and ,human ,services for expedited resolution2 and 7#b7 whether or not such a claim is brought under paragraph 7#a7 or a violation is found pursuant to paragraph 7#a71 may bring a civil action before the appropriate ,federal court for injunctive or other equitable relief1 including the relief described in subsection 7b71 against such covered entity to enforce compliance of such covered entity with such section4 7b7 ,relief available ,the injunctive and equitable relief available in a civil action brought under subsection 7a77#b71 with respect to a covered entity1 includes-- 7#a7 requiring auxiliary aids or services to be made available by such entity2 7#b7 requiring the modification of a policy1 practice1 or procedure of such entity2 or 7#c7 requiring facilities of such entity be made readily accessible and usable4 7c7 ,expedited review ,in the case of a civil action brought under subsection 7a77#b71 with respect to a covered entity1 the ,federal court before which such action is brought shall advance on its docket and expedite review and disposition of such action4 7d7 ,rule of construction ,nothing in this section is intended to limit or replace available remedies under the ,americans with ,disabilities ,act of #aiij and the ,americans with ,disabilities ,act ,amendments ,act of #bjjh or any other applicable law4