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NY A02123

Bill

Status

Introduced

1/22/2019

Primary Sponsor

Aileen Gunther

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Adds Article 35 to the Mental Hygiene Law to prohibit organ transplant discrimination against individuals with mental or physical disabilities.

  • Covered entities (healthcare providers and organ matching organizations) are prohibited from denying organ transplants, deferring referrals, or declining insurance coverage solely based on a person's disability.

  • Requires covered entities to provide reasonable modifications and auxiliary aids (interpreters, readers, accessible formats, supported decision-making services) to ensure qualified individuals with disabilities can access transplant-related services.

  • Allows consideration of a disability only if a physician determines through individualized evaluation that it is medically significant; inability to independently comply with post-transplant care is not medically significant if the person has necessary support systems available.

  • Court actions enforcing the article receive priority calendar status and expedited proceedings, with remedies matching those available under the Americans with Disabilities Act.

Legislative Description

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

Last Action

referred to mental health

1/8/2020

Committee Referrals

Mental Health1/22/2019

Full Bill Text

No bill text available