Public Act 102-0147
 
SB0500 EnrolledLRB102 14520 LNS 19873 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    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)

    Sec.  5-15. Disability of recipient.

    (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.


    (b) Subsection (a) shall apply to each part of the organ 
transplant process.


    (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.


    (d) This Section shall not be deemed to require referrals 
or
recommendations for or the performance of medically 
inappropriate organ
transplants.


    (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.


    (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.)




Effective Date:  1/1/2022