NY A09630

Adds Article 35 (Organ Donation Fairness Act) to New York's Mental Hygiene Law to prohibit discrimination based on disability in organ transplant decisions and related services.

Prohibits covered entities (hospitals, health care providers, and organ matching organizations) from denying transplants, refusing referrals, or placing qualified individuals with disabilities lower on waiting lists solely due to their disability.

Requires covered entities to provide reasonable modifications to policies and practices, including auxiliary aids, supported decision-making services, and consideration of available support networks when evaluating post-transplant compliance ability.

Permits consideration of disability only when a physician determines it is medically significant to transplant provision following individualized evaluation; inability to independently comply with post-transplant requirements is not deemed medically significant if adequate support systems exist.

Applies the same enforcement remedies available under the Americans with Disabilities Act and requires courts to accord priority and expeditiously proceed with enforcement actions.