Illinois General Assembly - Full Text of SB0500
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Full Text of SB0500  102nd General Assembly

SB0500eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0500 EngrossedLRB102 14520 LNS 19873 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Anatomical Gift Act is amended by
5changing Section 5-15 as follows:
 
6    (755 ILCS 50/5-15)  (was 755 ILCS 50/4.5)
7    Sec. 5-15. Disability of recipient.
8    (a) A hospital, physician and surgeon, procurement
9organization, or other person shall not, solely on the basis
10of an individual's mental or physical disability:
11        (1) deem an individual ineligible to receive an
12    anatomical gift or organ transplant;
13        (2) deny medical and other services related to organ
14    transplantation, including evaluation, surgery,
15    counseling, postoperative treatment, and services;
16        (3) refuse to refer the individual to a transplant
17    center or other related specialist for the purpose of
18    evaluation for or receipt of an organ transplant;
19        (4) refuse to place an individual on an organ
20    transplant waiting list or place an individual at a lower
21    priority position on the waiting list than the position at
22    which the individual would have been placed if not for the
23    individual's disability;

 

 

SB0500 Engrossed- 2 -LRB102 14520 LNS 19873 b

1        (5) decline insurance coverage for any procedure
2    associated with the receipt of the anatomical gift,
3    including posttransplantation care; or
4        (6) if an individual has the necessary support system
5    to assist the individual in complying with posttransplant
6    medical requirements, consider the individual's inability
7    to independently comply with posttransplant medical
8    requirements to be medically significant for the purposes
9    of subsection (a-5).
10    A covered entity shall comply with the requirements of the
11Americans with Disabilities Act of 1990 and its implementing
12regulations in making reasonable modifications to its policies
13or procedures in response to a request from an individual with
14disabilities regarding access to transplantation-related
15services, including diagnostic services, surgery, coverage,
16postoperative treatment, and counseling.
17    (a-5) Notwithstanding subsection (a), a hospital,
18physician and surgeon, procurement organization, or other
19person may take an individual's disability into account when
20making treatment or coverage recommendations or decisions
21solely to the extent that the physical or mental disability
22has been found by a physician or surgeon, following an
23individualized evaluation of the potential recipient, to be
24medically significant to the provision of the anatomical gift.
25No hospital, physician and surgeon, procurement organization,
26or other person shall determine the ultimate recipient of an

 

 

SB0500 Engrossed- 3 -LRB102 14520 LNS 19873 b

1anatomical gift based upon a potential recipient's physical or
2mental disability, except to the extent that the physical or
3mental disability has been found by a physician and surgeon,
4following a case-by-case evaluation of the potential
5recipient, to be medically significant to the provision of the
6anatomical gift.
7    (b) Subsection (a) shall apply to each part of the organ
8transplant process.
9    (c) The court shall accord priority on its calendar and
10handle expeditiously any action brought to seek any remedy
11authorized by law for purposes of enforcing compliance with
12this Section.
13    (d) This Section shall not be deemed to require referrals
14or recommendations for or the performance of medically
15inappropriate organ transplants.
16    (e) As used in this Section "disability" has the same
17meaning as in the federal Americans with Disabilities Act of
181990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
19amended from time to time.
20    (f) As used in this Section, "covered entity" has the
21meaning ascribed to it under HIPAA, as specified in 45 CFR
22160.103.
23(Source: P.A. 98-172, eff. 1-1-14.)