§ 35-5-301 — Definitions

(a) As used in this article:
(i) "Anatomical gift" means a donation of all or part
of a human body to take effect after the donor's death for the
purpose of transplantation or transfusion;
(ii) "Auxiliary aid or service" 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 the individual to better understand the information. An
auxiliary aid or service includes any of the following:
(A) Qualified interpreters or other effective
methods of making aurally delivered materials available to
persons with hearing impairments;
(B) Qualified readers, taped texts, texts in
accessible electronic format or other effective methods of
making visually delivered materials available to persons with
visual impairments;
(C) Supported decision making services,
including:
(I) The use of a support individual to
communicate information to the individual with a disability,
ascertain the wishes of the individual or assist the 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 decision
making purposes, as 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. § 1320d et
seq., and any regulations promulgated by the United States
department of health and human services to implement the act;
(III) If an individual has a court
appointed guardian or other individual responsible for making
medical decisions on behalf of the individual, any measures used
to ensure that the individual is included in decisions involving
the individual's health care and that medical decisions are in
accordance with the individual's own expressed interests;
(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 assistive
communication technology.
(iii) "Covered entity" means:
(A) Any licensed provider of health care
services, including licensed health care practitioners,
hospitals, nursing facilities, laboratories, intermediate care
facilities, psychiatric residential treatment facilities,
institutions for individuals with intellectual or developmental
disabilities and prison health centers;
(B) Any entity responsible for matching
anatomical gift donors to potential recipients.
(iv) "Disability" has the meaning stated in the
Americans with Disabilities Act of 1990, as amended by the
Americans with Disabilities Amendments Act of 2008, at 42 U.S.C.
§ 12102;
(v) "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 condition;
(vi) "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 individual with an anatomical gift or
transplantation;
(B) Auxiliary aids or services;
(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 (1) or more
individuals or entities available to support or assist with the
recipient's care and medication after surgery or
transplantation;
(II) Consideration of support networks
available to the individual, 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 individual is enrolled or any program or source of
funding available to the individual, when determining whether
the individual is able to comply with post-transplant medical
requirements.