Montana Code 49-4-601. Legislative intent
49-4-601. Legislative intent. The legislature finds that:
Terms Used In Montana Code 49-4-601
- Disability: means :
(a)a physical or intellectual impairment that substantially limits one or more of a person's major life activities;
(b)a record of such an impairment; or
(c)being regarded as having such an impairment. See Montana Code 49-4-602
- 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. See Montana Code 49-4-602
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(1)an intellectual or physical disability does not diminish a person‘s right to health care;
(2)the “Americans with Disabilities Act of 1990”, 42 U.S.C. § 12101, prohibits discrimination against persons with disabilities;
(3)life-saving organ transplants should not be denied to persons with disabilities based on assumptions that they are incapable of complying with posttransplant medical requirements or lack adequate support systems to ensure compliance with posttransplant medical requirements;
(4)although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5)Montana residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.