Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient:

(1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift.

Terms Used In Indiana Code 16-32-5-3

  • covered entity: means any of the following:

    Indiana Code 16-32-5-1

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • qualified recipient: means a recipient who has a disability and meets the eligibility requirements for receipt of an anatomical gift regardless of the use of the following:

    Indiana Code 16-32-5-2

(2) Deny medical or other services related to transplantation, including:

(A) evaluation;

(B) surgery; and

(C) counseling and treatment following transplantation.

(3) Refuse to refer a qualified recipient to a transplant center or specialist.

(4) Refuse to place a qualified recipient on an organ or tissue waiting list.

(5) Place a qualified recipient at a position on an organ or tissue waiting list that is lower than the position at which the qualified recipient would have been placed if not for the qualified recipient’s disability.

As added by P.L.2-2019, SEC.8.