Bill Text: IA HF2561 | 2019-2020 | 88th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to protections for certain potential recipients of anatomical gifts. (Formerly HF 2118.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 791. [HF2561 Detail]
Download: Iowa-2019-HF2561-Introduced.html
Bill Title: A bill for an act relating to protections for certain potential recipients of anatomical gifts. (Formerly HF 2118.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 791. [HF2561 Detail]
Download: Iowa-2019-HF2561-Introduced.html
House
File
2561
-
Introduced
HOUSE
FILE
2561
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
2118)
A
BILL
FOR
An
Act
relating
to
protections
for
certain
potential
recipients
1
of
anatomical
gifts.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2561
Section
1.
NEW
SECTION
.
135.192
Protections
of
certain
1
prospective
recipients
of
anatomical
gifts.
2
1.
A
hospital,
physician,
or
other
person
shall
not
3
determine
the
ultimate
recipient
of
an
anatomical
gift
based
4
upon
a
potential
recipient’s
disability,
except
to
the
extent
5
that
the
disability
has
been
found
by
a
physician,
following
6
a
case-by-case
evaluation
of
the
potential
recipient,
to
be
7
medically
significant
to
the
provision
of
the
anatomical
gift.
8
2.
Subsection
1
shall
apply
to
each
part
of
the
anatomical
9
gift
process
including
all
of
the
following:
10
a.
The
referral
from
a
primary
care
provider
to
a
11
specialist.
12
b.
The
referral
from
a
specialist
to
a
transplant
center.
13
c.
The
evaluation
of
the
patient
for
the
transplant
by
the
14
transplant
hospital.
15
d.
The
consideration
of
the
patient
for
placement
on
the
16
list
of
potential
transplant
recipients
pursuant
to
42
C.F.R.
17
§121.7.
18
3.
A
person
with
a
disability
shall
not
be
required
19
to
demonstrate
postoperative
independent
living
abilities
20
in
order
to
be
placed
on
the
list
of
potential
transplant
21
recipients
pursuant
to
42
C.F.R.
§121.7
if
there
is
evidence
22
that
the
person
will
have
sufficient,
compensatory
support
and
23
assistance.
24
4.
A
court
shall
accord
priority
on
its
calendar
and
handle
25
expeditiously
any
action
brought
to
seek
any
remedy
authorized
26
by
law
for
purposes
of
enforcing
compliance
with
this
section.
27
5.
This
section
shall
not
be
deemed
to
require
referrals
28
or
recommendations
for,
or
the
performance
of,
a
medically
29
inappropriate
transplant
of
a
part.
30
6.
As
used
in
this
section:
31
a.
“Anatomical
gift”
means
the
same
as
defined
in
section
32
142C.2.
33
b.
“Disability”
means
the
same
as
defined
in
the
federal
34
Americans
with
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
35
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2561
seq.
1
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
2
designate
section
135.192,
as
enacted
in
this
Act,
as
a
new
3
subchapter
within
chapter
135,
entitled
“PROTECTIONS
FOR
4
POTENTIAL
RECIPIENTS
OF
ANATOMICAL
GIFTS”.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
certain
potential
recipients
of
9
anatomical
gifts.
10
The
bill
prohibits
a
hospital,
physician,
or
other
person
11
from
determining
the
ultimate
recipient
of
an
anatomical
gift
12
based
upon
a
potential
recipient’s
disability,
except
to
the
13
extent
that
the
disability
has
been
found
by
a
physician,
14
following
a
case-by-case
evaluation
of
the
potential
recipient,
15
to
be
medically
significant
to
the
provision
of
the
anatomical
16
gift.
The
prohibition
applies
to
each
part
of
the
anatomical
17
gift
process
and
provides
that
a
person
with
a
disability
18
shall
not
be
required
to
demonstrate
postoperative
independent
19
living
abilities
in
order
to
be
placed
on
the
national
list
20
of
potential
transplant
recipients
if
there
is
evidence
that
21
the
person
will
have
sufficient,
compensatory
support
and
22
assistance.
The
bill
provides
that
a
court
shall
accord
23
priority
on
its
calendar
and
handle
expeditiously
any
action
24
brought
to
seek
any
remedy
authorized
by
law
for
purposes
of
25
enforcing
compliance
with
the
bill.
The
bill
is
not
to
be
26
deemed
to
require
referrals
or
recommendations
for,
or
the
27
performance
of,
medically
inappropriate
transplants
of
a
part
28
(an
organ,
an
eye,
or
tissue
of
a
human
being).
The
bill
29
defines
“anatomical
gift”
as
having
the
same
meaning
as
under
30
Code
chapter
142C
(revised
uniform
anatomical
gift
Act)
and
31
“disability”
as
having
the
same
meaning
as
used
in
the
federal
32
Americans
with
Disabilities
Act
of
1990.
33
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