§ 25-56-102 — Legislative declaration

Colorado § 25-56-102

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Nondiscrimination Against Potential Organ

Text

(1) The general assembly finds and
declares that:

(a) A mental or physical disability does not diminish a person's right to health
care;

(b) The federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101
et seq., as amended, prohibits discrimination against persons with disabilities, yet
many people still experience discrimination in accessing critical health-care
services based on their disability;

(c) In other states nationwide, persons with disabilities have been denied life-saving organ transplants based on the assumption that their lives are less worthy,
that they are incapable of complying with post-transplant medical requirements, or
that they lack adequate support systems to ensure compliance with post-transplant medical requirements; and

(d) Although organ transplant centers must consider medical and
psychological criteria when determining whether a patient is suitable to receive an
organ transplant, transplant centers that participate in medicare, medicaid, and
other federally funded programs are required to use patient selection criteria that
result in the fair and nondiscriminatory distribution of organs.

(2) Therefore, the general assembly declares that the life of a person with a
disability who needs an organ transplant is as worthy and valuable as the life of a
person without a disability who needs the same medical service, and Colorado
residents in need of organ transplants are entitled to assurances that they will not
encounter discrimination on the basis of a disability.

Legislative History

Source: L. 2021: Entire article added, (HB 21-1169), ch. 99, p. 396, � 1, effective May 6.