§ 35-5-302 — Discrimination prohibited

(a) A covered entity shall not, solely on the basis of an
individual's disability:
(i) Consider the individual ineligible to receive an
anatomical gift or organ transplant;
(ii) Deny medical services or other services related
to organ transplantation, including diagnostic services,
evaluation, surgery, counseling or post-operative treatment and
services;
(iii) 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;
(iv) Refuse to place a qualified recipient on an
organ transplant waiting list;
(v) 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;
(vi) 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.
(b) 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 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.
(c) If an individual has the necessary support system to
assist the individual 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 (b) of this section.
(d) 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 those services.
(e) A covered entity shall 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, post-operative 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.
(f) Nothing in this section shall require a covered entity
to make a referral or recommendation for or perform a medically
inappropriate organ transplant.
(g) A covered entity shall otherwise comply with the
requirements of titles II and III of the Americans with
Disabilities Act, as amended.
(h) The provisions of this article shall apply to all
stages of the organ transplant process.