§ 40:1170.3 — Discrimination against potential organ transplant recipients based on disability;

Louisiana § 40:1170.3

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1170.3. Discrimination against potential organ transplant recipients based on disability;
prohibition
A. The provisions of this Section shall apply to all stages of the organ transplant
process.
B. It shall be unlawful for a covered entity to do any of the following solely on the
basis of an individual having a disability:
(1) Consider the individual ineligible to receive an anatomical gift or organ
transplant.
(2) Deny medical services or other services related to organ transplantation,
including diagnostic services, evaluation, surgery, counseling, and post-operative treatment
and services.
(3) 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.
(4) Refuse to place a qualified recipient on an organ transplant waiting list.
(5) Place a qualified recipient on an organ transplant waiting list at a lower priority
position than the position at which the individual would have been placed if the individual
did not have a disability.
(6) Refuse insurance coverage for any procedure associated with being evaluated for
or receiving an anatomical gift or organ transplant, including post-transplantation and
post-transfusion care.
C. Notwithstanding the provisions of Subsection B of this Section, a covered entity
may consider an individual's disability when making treatment or coverage recommendations
or decisions, but only to the extent that the disability has been found by a physician or
surgeon, following an individualized evaluation of the individual, to be medically significant
to the provision of the anatomical gift.
D. If an individual has the necessary support system to assist him in complying with
post-transplant medical requirements, a covered entity may not consider the individual's
inability to independently comply with post-transplant medical requirements to be medically
significant for the purposes of Subsection C of this Section.
E. 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, post-operative treatment, and counseling,
unless the entity can demonstrate that making such modifications would fundamentally alter
the nature of such services.
F. A covered entity shall take all such actions as are 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, post-operative treatment, or
counseling due to the absence of auxiliary aids or services, unless the entity demonstrates
that taking the actions would fundamentally alter the nature of such services or would result
in an undue burden for the entity.
G. Nothing in this Section shall be deemed to require a covered entity to make a
referral or recommendation for or to perform a medically inappropriate organ transplant.

Legislative History

Acts 2019, No. 57, §3, eff. May 30, 2019.