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| Public Act 102-0147 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Anatomical Gift Act is amended by | ||||
changing Section 5-15 as follows: | ||||
(755 ILCS 50/5-15) (was 755 ILCS 50/4.5)
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Sec. 5-15. Disability of recipient.
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(a) A hospital, physician and surgeon, procurement | ||||
organization, or other person shall not, solely on the basis | ||||
of an individual's mental or physical disability: | ||||
(1) deem an individual ineligible to receive an | ||||
anatomical gift or organ transplant; | ||||
(2) deny medical and other services related to organ | ||||
transplantation, including evaluation, surgery, | ||||
counseling, postoperative treatment, and services; | ||||
(3) refuse to refer the individual to a transplant | ||||
center or other related specialist for the purpose of | ||||
evaluation for or receipt of an organ transplant; | ||||
(4) refuse to place an individual on an organ | ||||
transplant waiting list or place an individual at a lower | ||||
priority position on the waiting list than the position at | ||||
which the individual would have been placed if not for the | ||||
individual's disability; | ||||
(5) decline insurance coverage for any procedure | ||
associated with the receipt of the anatomical gift, | ||
including posttransplantation care; or | ||
(6) if an individual has the necessary support system | ||
to assist the individual in complying with posttransplant | ||
medical requirements, consider the individual's inability | ||
to independently comply with posttransplant medical | ||
requirements to be medically significant for the purposes | ||
of subsection (a-5). | ||
A covered entity shall comply with the requirements of the | ||
Americans with Disabilities Act of 1990 and its implementing | ||
regulations in making reasonable modifications to its policies | ||
or procedures in response to a request from an individual with | ||
disabilities regarding access to transplantation-related | ||
services, including diagnostic services, surgery, coverage, | ||
postoperative treatment, and counseling. | ||
(a-5) Notwithstanding subsection (a), a hospital, | ||
physician and surgeon, procurement organization, or other | ||
person may take an individual's disability into account when | ||
making treatment or coverage recommendations or decisions | ||
solely to the extent that the physical or mental disability | ||
has been found by a physician or surgeon, following an | ||
individualized evaluation of the potential recipient, to be | ||
medically significant to the provision of the anatomical gift. | ||
No hospital, physician and surgeon, procurement organization, | ||
or other
person shall determine the ultimate recipient of an | ||
anatomical gift based upon
a potential recipient's physical or | ||
mental disability, except to the extent
that the physical or | ||
mental disability has been found by a physician and
surgeon, | ||
following a case-by-case evaluation of the potential | ||
recipient, to be
medically significant to the provision of the | ||
anatomical
gift.
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(b) Subsection (a) shall apply to each part of the organ | ||
transplant process.
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(c) The court shall accord priority on its calendar and | ||
handle
expeditiously any action brought to seek any remedy | ||
authorized by law for
purposes of enforcing compliance with | ||
this Section.
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(d) This Section shall not be deemed to require referrals | ||
or
recommendations for or the performance of medically | ||
inappropriate organ
transplants.
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(e) As used in this Section "disability" has the same | ||
meaning as in the
federal Americans with Disabilities Act of | ||
1990 (42 U.S.C. 12101 et seq.,
Public Law 101-336) as may be | ||
amended from time to time.
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(f) As used in this Section, "covered entity" has the | ||
meaning ascribed to it under HIPAA, as specified in 45 CFR | ||
160.103. | ||
(Source: P.A. 98-172, eff. 1-1-14.)
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