HB522: HB522 Health; prohibit certain health care providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status

25 LC 33 9780 House Bill 522 By: Representatives Gullett of the 19th, Scoggins of the 14th, Mathiak of the 82nd, and Gambill of the 15th A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to1 general provisions regarding health, so as to prohibit certain healthcare providers and2 facilities from discriminating against potential organ transplant recipients due solely to the3 vaccine status of the potential recipient; to provide for defin itions; to provide for related4 matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 1 of Title 31 of the Official Code of Georgia Annotated , relating to general8 provisions regarding health, is amended by revising Code Section 31-1-24, relating to organ9 transplant protections for individuals with disabilities and ci vil relief for violations, as10 follows:11 "31-1-24.12 (a) As used in this Code section, the term:13 (1) 'Anatomical gift' means a donation of any part or all of a human body conditioned14 upon the donor's death for the purpose of transplantation or transfusion.15 H. B. 522 - 1 - 25 LC 33 9780 (2) 'Auxiliary aids or services' means an aid or service that is used to provide information16 to an individual with a cognitive, developmental, intellectual, neurological, or physical17 disability and is available in a format or manner that allows s uch individual to better18 understand such information. An auxiliary aid or service may include:19 (A) Qualified interpreters or other effective methods of makin g aurally delivered20 materials available to individuals with hearing impairments;21 (B) Qualified readers, taped texts, texts in accessible electr onic format, or other22 effective methods of making visually delivered materials available to individuals with23 visual impairments; or24 (C) Supported decision-making services, including:25 (i) The use of a support personnel to communicate information to the individual with26 a disability, ascertain the wishes of such individual, or assis t such individual in27 making decisions;28 (ii) The disclosure of information to a legal guardian, authorized representative, or29 another individual designated by the individual with a disability for such purpose, so30 long as the disclosure is consistent with state and federal law , including the federal31 Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section32 1320d, et seq., and any regulations promulgated by the United States Department of33 Health and Human Services to implement such Act act;34 (iii) When an individual with a disability has a court appoint ed guardian or other35 person responsible for making medical decisions on behalf of su ch individual, any36 measures used to ensure that the individual is included in deci sions involving the37 individual's health care healthcare and that medical decisions are in accord with the38 individual's own expressed interests; and39 (iv) Any other aid or service that is used to provide informat ion in a format that is40 easily understandable and accessible to individuals with cognit ive, neurological,41 H. B. 522 - 2 - 25 LC 33 9780 developmental, or intellectual disabilities, including any form of communication42 technology.43 (3) 'Covered entity' means:44 (A) Any licensed provider of health care healthcare services, including licensed health45 care healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care46 facilities, psychiatric residential treatment facilities, insti tutions for individuals with47 intellectual or developmental disabilities, and such licensed i ndividuals or facilities48 providing health care healthcare services to incarcerated persons with disabilities; and49 (B) Any entity responsible for matching anatomical gift donors to potential recipients.50 (4) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),51 and any mutation or viral fragments thereof, or any disease or condition caused by severe52 acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which was the subject of the53 public health state of emergency declared by the Governor on March 14, 2020.54 (4)(5) 'Disability' has the same meaning as provided for in the Amer icans with55 Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, 42 U.S.C.56 Section 12102.57 (5)(6) 'Organ transplant' means the transplantation or transfusion o f a part of a human58 body into the body of another human for the purpose of treating or curing a medical59 condition.60 (6)(7) 'Qualified recipient' means an individual who has a disabilit y and meets the61 essential eligibility requirements for the receipt of an anatomical gift with or without any62 of the following:63 (A) Individuals or entities available to support and assist th e recipient with an64 anatomical gift or transplantation;65 (B) Auxiliary aids or services; or66 (C) Reasonable modifications to the policies, practices, or pr ocedures of a covered67 entity, including modifications to allow for either or both of the following:68 H. B. 522 - 3 - 25 LC 33 9780 (i) Communication with one or more individuals or entities ava ilable to support or69 assist with the recipient's care and medication after surgery or transplantation; or70 (ii) Consideration of support networks available to the recipi ent, including family,71 friends, and home and community based services, including home and community72 based services funded through Medicaid, Medicare, another health plan in which the73 recipient is enrolled, or any program or source of funding available to the recipient,74 when determining whether the recipient is able to comply with posttransplant medical75 requirements.76 (8) 'Vaccine status' means whether or not an individual has re ceived a specific77 vaccination or series of vaccinations for COVID-19.78 (b)(1) The provisions of this Code section shall apply to all stages of the organ transplant79 process.80 (2) A covered entity shall not, solely on the basis of an individual's disability or vaccine81 status:82 (A) Consider the individual ineligible to receive an anatomical gift or organ transplant;83 (B) Deny medical services or other services related to organ transplantation, including84 diagnostic services, evaluation, surgery, counseling, and postoperative treatment and85 services;86 (C) Refuse to refer the individual to a transplant center or other related specialist for87 the purpose of being evaluated for or receiving an organ transplant;88 (D) Refuse to place a qualified recipient such an individual on an organ transplant89 waiting list;90 (E) Place a qualified recipient such an individual on an organ transplant waiting list at91 a lower priority position than the position at which the indivi dual would have been92 placed if such individual did not have a disability or if not for the individual's vaccine93 status; or94 H. B. 522 - 4 - 25 LC 33 9780 (F) Refuse insurance coverage for any procedure associated with being evaluated for95 or receiving an anatomical gift, including posttransplantation and posttransfusion care.96 (3) Notwithstanding paragraph (2) of this subsection, a covere d entity may take an97 individual's disability into account when making treatment or coverage recommendations98 or decisions, solely to the extent that the individual's disabi lity has been found by a99 physician, following an evaluation of such individual, to be medically significant to the100 provision of the anatomical gift.101 (4) If an individual has the necessary support system to assis t such individual in102 complying with posttransplant medical requirements, a covered entity may not consider103 the individual's inability to independently comply with posttra nsplant medical104 requirements to be medically significant for the purposes of pa ragraph (3) of this105 subsection.106 (5) A covered entity shall make reasonable modifications to it s policies, practices, or107 procedures to allow individuals with disabilities access to transplantation related services,108 including diagnostic services, surgery, coverage, postoperative treatment, and counseling,109 unless the entity can demonstrate that making such modifications would fundamentally110 alter the nature of such services.111 (6) A covered entity must take steps necessary to ensure that an individual with a112 disability is not denied medical services or other services related to organ transplantation,113 including diagnostic services, surgery, postoperative treatment, or counseling, due to the114 absence of auxiliary aids or services, unless the covered entity demonstrates that taking115 the steps would fundamentally alter the nature of the medical services or other services116 related to organ transplantation or would result in an undue burden for the covered entity.117 (7) Nothing in this Code section shall be deemed to require a covered entity to make a118 referral or recommendation for or perform a medically inappropriate organ transplant.119 H. B. 522 - 5 - 25 LC 33 9780 (8) A covered entity shall comply with the requirements of Tit les II and III of the120 Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of121 2008, 42 U.S.C. Section 12102.122 (c)(1) When it appears that a covered entity has violated or is violating any provision of123 this Code section, the affected individual may commence a civil action for injunctive and124 other equitable relief against such covered entity for purposes of enforcing compliance125 with this Code section. Such action may be brought in the district court for the county126 where the affected individual resides or resided or was denied the organ transplant or127 referral.128 (2) In an action brought under paragraph (1) of this Code sect ion, the court shall give129 priority on its docket and expedited review, and may grant injunctive or other equitable130 relief, including:131 (A) Requiring auxiliary aids or services to be made available for a qualified recipient;132 (B) Requiring the modification of a policy, practice, or procedure of a covered entity;133 or134 (C) Requiring facilities be made readily accessible to and usa ble by a qualified135 recipient.136 (3) Nothing in this Code section is intended to limit or replace available remedies under137 the Americans with Disabilities Act of 1990, as amended, or any other applicable law.138 (4) This Code section does not create a right to compensatory or punitive damages139 against a covered entity."140 SECTION 2.141 All laws and parts of laws in conflict with this Act are repealed.142 H. 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