Disability in Transplant Access Act

Summary#

This bill would make it unlawful for most health-care providers and transplant hospitals to deny or limit access to organ transplants or related services solely because a person has a mental or physical disability. It defines who counts as a “qualified individual” and requires providers to make reasonable changes and offer supports so people with disabilities can receive transplants when medically appropriate. The stated goal is to prevent disability-based discrimination in transplant decisions and to promote use of supports like family, home services, and supported decision‑making.

• Main change: Covered health-care providers and transplant hospitals may not refuse to evaluate, list, refer, or treat someone for an organ transplant only because of that person’s disability.
• Exception: A provider may consider a disability if a physician, after an individualized medical evaluation, finds the disability is medically significant to the safety or success of the transplant.
• Supports required: Providers must consider a person’s support network, provide auxiliary aids (like communication aids), allow supported decision‑making, and make reasonable policy modifications unless these would fundamentally alter the service.
• Scope: The rule covers evaluation, listing, transplant surgery, post‑transplant care, and related services (evaluation, counseling, treatment, information).
• Enforcement: People may file complaints with the Department of Health and Human Services’ Office for Civil Rights for resolution. The bill does not replace other legal remedies under the ADA or similar laws.
• State law: State or local laws that give greater rights to people with disabilities are not overridden.

What it means for you#

• People with disabilities / transplant candidates

  • You cannot be excluded from transplant evaluation, listing, referral, or transplant only because of a disability.
  • Providers must consider whether your family, paid caregivers, home‑care services, or other supports can help you meet post‑transplant needs before denying treatment for lack of independent ability.
  • You may ask for auxiliary aids (for example, communication tools) and reasonable changes to policies or procedures to enable care.

• Family members, unpaid supporters, and caregivers

  • Your role as part of a person’s support network can be considered in transplant eligibility decisions.
  • Providers may communicate with those you designate to help with decision‑making and care planning, within existing privacy rules.

• Health-care providers and transplant centers

  • You must not refuse to evaluate, list, refer, or perform transplants solely for disability reasons.
  • You may still refuse or recommend against a transplant if a physician’s individualized medical evaluation finds the patient’s disability is medically significant to the transplant outcome.
  • You must provide reasonable modifications (policies, communication aids, supported decision‑making) unless doing so would fundamentally change the service or create an undue burden.

• Hospitals and institutions (including prisons, nursing homes, psychiatric facilities)

  • Many licensed providers and transplant hospitals fall under the bill’s definition of “covered entity,” especially when their services affect interstate commerce.
  • Institutions should review policies on transplant eligibility, documentation, and how they assess post‑transplant support needs.

• Patients generally

  • The bill applies to the whole transplant process: evaluation, listing, surgery, postoperative care, and related services like counseling and information.

Expenses#

No publicly available information.

• This bill does not include a fiscal note in the provided material.
• This could mean additional administrative costs for providers to update policies, train staff, provide auxiliary aids, document individualized evaluations, and coordinate with support networks.
• It could mean more complaint handling and enforcement work for the Department of Health and Human Services’ Office for Civil Rights, but the bill’s text does not give cost estimates.

Proponents' View#

• The bill appears intended to prevent people from being denied transplants only because they have a disability.
• It seeks to promote fairness by requiring individualized medical evaluations rather than blanket exclusions.
• It emphasizes using support networks, home and community services, and supported decision‑making so people with disabilities can meet post‑transplant needs.
• It aligns transplant access protections with the principles of existing disability laws by requiring reasonable modifications and auxiliary aids.

Opponents' View#

• One concern is the bill does not precisely define when a disability is “medically significant,” which may leave uncertainty for doctors and hospitals about how to apply the exception.
• The bill may create added administrative and compliance work for transplant centers (policy changes, staff training, documentation).
• It is unclear how the “expedited resolution” process at HHS would work in practice, and whether that will lead to more complaints or litigation.
• There may be trade‑offs between nondiscrimination protections and medical judgment about transplant safety and outcomes; the bill leaves some of that balance to physician evaluations but does not set clear procedural standards for those evaluations.