NY S07043

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

Prohibits covered entities from deeming individuals ineligible, denying services, refusing referrals, delisting from transplant waiting lists, or declining insurance coverage solely based on mental or physical disability.

Allows consideration of disability only when a physician determines through individualized evaluation that it is medically significant to the transplant, and not when adequate support systems exist to ensure post-transplant compliance.

Requires covered entities to provide reasonable modifications including auxiliary aids, supported decision-making services, and accessible information formats to qualified individuals with disabilities.

Establishes enforcement through remedies available under Titles II and III of the Americans with Disabilities Act, with courts required to accord priority and expedite related lawsuits.