Montana Code 49-4-603. Discrimination in organ transplantation
49-4-603. Discrimination in organ transplantation. (1) A covered entity may not, solely on the basis of a person‘s disability:
Terms Used In Montana Code 49-4-603
- 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. See Montana Code 49-4-602
- Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
- Covered entity: means :
(a)a 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; or
(b)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Qualified recipient: means a person 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 person with an anatomical gift or transplantation;
(b)auxiliary aids or services; or
(c)reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:
(i)communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or
(ii)consideration of support networks available to the person, 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 person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602
(a)consider the person ineligible to receive an anatomical gift or organ transplant;
(b)deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, or postoperative treatment and services;
(c)refuse to refer the person to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;
(d)refuse to place a qualified recipient on an organ transplant waiting list;
(e)place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the person would have been placed if the person did not have a disability; or
(f)refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including posttransplantation and posttransfusion care.
(2)It is not a violation of subsection (1) for a covered entity to take a person’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 to be medically significant to the provision of the anatomical gift after completing an individualized evaluation of the person.
(3)If a person has the necessary support system to assist the person in complying with posttransplant medical requirements, a covered entity may not consider the person’s inability to independently comply with posttransplant medical requirements to be medically significant for the purposes of subsection (2).
(4)A covered entity must make reasonable modifications to its policies, practices, or procedures to allow people with disabilities access to transplantation-related services, including diagnostic services, surgery, postoperative treatment, and counseling, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of such services.
(5)A covered entity must take steps necessary to ensure that a person with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, postoperative treatment, or counseling due to the absence of auxiliary aids or services, unless the covered entity can demonstrate 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.
(6)This section applies to all stages of the organ transplant process.
(7)Nothing in this section may be construed to:
(a)require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant; or
(b)affect a covered entity’s obligation to comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008.