Full Text of SB0500 102nd General Assembly
SB0500enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Anatomical Gift Act is amended by | 5 | | changing 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 | 9 | | organization, or other person shall not, solely on the basis | 10 | | of 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; |
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| 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 | 11 | | Americans with Disabilities Act of 1990 and its implementing | 12 | | regulations in making reasonable modifications to its policies | 13 | | or procedures in response to a request from an individual with | 14 | | disabilities regarding access to transplantation-related | 15 | | services, including diagnostic services, surgery, coverage, | 16 | | postoperative treatment, and counseling. | 17 | | (a-5) Notwithstanding subsection (a), a hospital, | 18 | | physician and surgeon, procurement organization, or other | 19 | | person may take an individual's disability into account when | 20 | | making treatment or coverage recommendations or decisions | 21 | | solely to the extent that the physical or mental disability | 22 | | has been found by a physician or surgeon, following an | 23 | | individualized evaluation of the potential recipient, to be | 24 | | medically significant to the provision of the anatomical gift. | 25 | | No hospital, physician and surgeon, procurement organization, | 26 | | or other
person shall determine the ultimate recipient of an |
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| 1 | | anatomical gift based upon
a potential recipient's physical or | 2 | | mental disability, except to the extent
that the physical or | 3 | | mental disability has been found by a physician and
surgeon, | 4 | | following a case-by-case evaluation of the potential | 5 | | recipient, to be
medically significant to the provision of the | 6 | | anatomical
gift.
| 7 | | (b) Subsection (a) shall apply to each part of the organ | 8 | | transplant process.
| 9 | | (c) The court shall accord priority on its calendar and | 10 | | handle
expeditiously any action brought to seek any remedy | 11 | | authorized by law for
purposes of enforcing compliance with | 12 | | this Section.
| 13 | | (d) This Section shall not be deemed to require referrals | 14 | | or
recommendations for or the performance of medically | 15 | | inappropriate organ
transplants.
| 16 | | (e) As used in this Section "disability" has the same | 17 | | meaning as in the
federal Americans with Disabilities Act of | 18 | | 1990 (42 U.S.C. 12101 et seq.,
Public Law 101-336) as may be | 19 | | amended from time to time.
| 20 | | (f) As used in this Section, "covered entity" has the | 21 | | meaning ascribed to it under HIPAA, as specified in 45 CFR | 22 | | 160.103. | 23 | | (Source: P.A. 98-172, eff. 1-1-14.)
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