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 to
general provisions regarding health, so as to prohibit certain healthcare providers and
facilities from discriminating against potential organ transplant recipients due solely to the
vaccine status of the potential recipient; to provide for definitions; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general
provisions regarding health, is amended by revising Code Section 31-1-24, relating to organ
transplant protections for individuals with disabilities and civil relief for violations, as
follows:
"31-1-24.
(a) As used in this Code section, the term:
(1) 'Anatomical gift' means a donation of any part or all of a human body conditioned
upon the donor's death for the purpose of transplantation or transfusion.
(2) 'Auxiliary aids or services' means an aid or service that is used to provide information
to an individual with a cognitive, developmental, intellectual, neurological, or physical
disability and is available in a format or manner that allows such individual to better
understand such information. An auxiliary aid or service may include:
(A) Qualified interpreters or other effective methods of making aurally delivered
materials available to individuals with hearing impairments;
(B) Qualified readers, taped texts, texts in accessible electronic format, or other
effective methods of making visually delivered materials available to individuals with
visual impairments; or
(C) Supported decision-making services, including:
(i) The use of a support personnel to communicate information to the individual with
a disability, ascertain the wishes of such individual, or assist such individual in
making decisions;
(ii) The disclosure of information to a legal guardian, authorized representative, or
another individual designated by the individual with a disability for such purpose, so
long as the disclosure is consistent with state and federal law, including the federal
Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section
1320d, et seq., and any regulations promulgated by the United States Department of
Health and Human Services to implement such <del>Act</del> <ins>act;
</ins> (iii) When an individual with a disability has a court appointed guardian or other
person responsible for making medical decisions on behalf of such individual, any
measures used to ensure that the individual is included in decisions involving the
individual's <del>health care</del> <ins>healthcare</ins> and that medical decisions are in accord with the
individual's own expressed interests; and
(iv) Any other aid or service that is used to provide information in a format that is
easily understandable and accessible to individuals with cognitive, neurological,
developmental, or intellectual disabilities, including any form of communication
technology.
(3) 'Covered entity' means:
(A) Any licensed provider of <del>health care</del> <ins>healthcare</ins> services, including licensed <del>health
care</del> <ins>healthcare</ins> practitioners, hospitals, nursing facilities, laboratories, intermediate care
facilities, psychiatric residential treatment facilities, institutions for individuals with
intellectual or developmental disabilities, and such licensed individuals or facilities
providing <del>health care</del> <ins>healthcare</ins> services to incarcerated persons with disabilities; and
(B) Any entity responsible for matching anatomical gift donors to potential recipients.
<ins>(4) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2),
and any mutation or viral fragments thereof, or any disease or condition caused by severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which was the subject of the
public health state of emergency declared by the Governor on March 14, 2020.
</ins> <del>(4)(5)</del> 'Disability' has the same meaning as provided for in the Americans with
Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, 42 U.S.C.
Section 12102.
<del>(5)(6)</del> 'Organ transplant' means the transplantation or transfusion of a part of a human
body into the body of another human for the purpose of treating or curing a medical
condition.
<del>(6)(7)</del> 'Qualified recipient' means an individual who has a disability and meets the
essential eligibility requirements for the receipt of an anatomical gift with or without any
of the following:
(A) Individuals or entities available to support and assist the recipient with an
anatomical gift or transplantation;
(B) Auxiliary aids or services; or
(C) Reasonable modifications to the policies, practices, or procedures of a covered
entity, including modifications to allow for either or both of the following:
(i) Communication with one or more individuals or entities available to support or
assist with the recipient's care and medication after surgery or transplantation; or
(ii) Consideration of support networks available to the recipient, including family,
friends, and home and community based services, including home and community
based services funded through Medicaid, Medicare, another health plan in which the
recipient is enrolled, or any program or source of funding available to the recipient,
when determining whether the recipient is able to comply with posttransplant medical
requirements.
<ins>(8) 'Vaccine status' means whether or not an individual has received a specific
vaccination or series of vaccinations for COVID-19.
</ins> (b)(1) The provisions of this Code section shall apply to all stages of the organ transplant
process.
(2) A covered entity shall not, solely on the basis of an individual's disability <ins>or vaccine
status:
</ins> (A) Consider the individual ineligible to receive an anatomical gift or organ transplant;
(B) Deny medical services or other services related to organ transplantation, including
diagnostic services, evaluation, surgery, counseling, and postoperative treatment and
services;
(C) Refuse to refer the individual to a transplant center or other related specialist for
the purpose of being evaluated for or receiving an organ transplant;
(D) Refuse to place <del>a qualified recipient</del> <ins>such an individual</ins> on an organ transplant
waiting list;
(E) Place <del>a qualified recipient</del> <ins>such an individual</ins> on an organ transplant waiting list at
a lower priority position than the position at which the individual would have been
placed if such individual did not have a disability <ins>or if not for the individual's vaccine
status;</ins> or
(F) Refuse insurance coverage for any procedure associated with being evaluated for
or receiving an anatomical gift, including posttransplantation and posttransfusion care.
(3) Notwithstanding paragraph (2) of this subsection, a covered entity may take an
individual's disability into account when making treatment or coverage recommendations
or decisions, solely to the extent that the individual's disability has been found by a
physician, following an evaluation of such individual, to be medically significant to the
provision of the anatomical gift.
(4) If an individual has the necessary support system to assist such individual in
complying with posttransplant medical requirements, a covered entity may not consider
the individual's inability to independently comply with posttransplant medical
requirements to be medically significant for the purposes of paragraph (3) of this
subsection.
(5) A covered entity shall make reasonable modifications to its policies, practices, or
procedures to allow individuals with disabilities access to transplantation related services,
including diagnostic services, surgery, coverage, postoperative treatment, and counseling,
unless the entity can demonstrate that making such modifications would fundamentally
alter the nature of such services.
(6) A covered entity must take steps necessary to ensure that an individual with a
disability is not denied medical services or other services related to organ transplantation,
including diagnostic services, surgery, postoperative treatment, or counseling, due to the
absence of auxiliary aids or services, unless the covered entity demonstrates that taking
the steps would fundamentally alter the nature of the medical services or other services
related to organ transplantation or would result in an undue burden for the covered entity.
(7) Nothing in this Code section shall be deemed to require a covered entity to make a
referral or recommendation for or perform a medically inappropriate organ transplant.
(8) A covered entity shall comply with the requirements of Titles II and III of the
Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of
2008, 42 U.S.C. Section 12102.
(c)(1) When it appears that a covered entity has violated or is violating any provision of
this Code section, the affected individual may commence a civil action for injunctive and
other equitable relief against such covered entity for purposes of enforcing compliance
with this Code section. Such action may be brought in the district court for the county
where the affected individual resides or resided or was denied the organ transplant or
referral.
(2) In an action brought under paragraph (1) of this Code section, the court shall give
priority on its docket and expedited review, and may grant injunctive or other equitable
relief, including:
(A) Requiring auxiliary aids or services to be made available for a qualified recipient;
(B) Requiring the modification of a policy, practice, or procedure of a covered entity;
or
(C) Requiring facilities be made readily accessible to and usable by a qualified
recipient.
(3) Nothing in this Code section is intended to limit or replace available remedies under
the Americans with Disabilities Act of 1990, as amended, or any other applicable law.
(4) This Code section does not create a right to compensatory or punitive damages
against a covered entity."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.