Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(1) Consider an individual ineligible to receive an anatomical gift or organ transplant.(2) Deny medical and other services related to transplantation, including evaluation, surgery, counseling, and post-transplantation treatment and services.(3) Refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant.(4) Refuse to place an individual on an organ transplant waiting list.(5) Place the individual at a lower priority position on the list than the position at which he or she would have been placed if not for his or her disability.(6) Decline insurance coverage for any procedure associated with the receipt of the anatomical gift or organ transplant, including post-transplantation care.(b)(1) Notwithstanding subsection (a), a covered entity may take a qualified 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, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift or organ transplant.(2) If a qualified individual has the necessary support system to assist the individual in complying with post-transplantation medical requirements, a covered entity may not consider the individual’s inability to independently comply with the post-transplantation medical requirements to be medically significant for the purposes of subdivision (1).(c) A covered entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to allow a qualified individual access to services, including transplantation-related counseling, information, coverage, or treatment, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the services being offered or result in an undue burden.(d) A covered entity shall implement auxiliary aids and services and supported decision-making services as necessary to ensure that a qualified individual is not denied services, including transplantation-related counseling, information, coverage, or treatment, unless the covered entity can demonstrate that implementation of the accommodations would fundamentally alter the nature of the services being offered or would result in an undue burden.(e) Nothing in this section shall require a covered entity to refer or recommend, or to perform, a medically inappropriate organ transplant based on medical review.
