Bill Amendment: IL SB0500 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ANATOMICAL GIFTS-DISABILITY
Status: 2021-07-23 - Public Act . . . . . . . . . 102-0147 [SB0500 Detail]
Download: Illinois-2021-SB0500-Senate_Amendment_001.html
Bill Title: ANATOMICAL GIFTS-DISABILITY
Status: 2021-07-23 - Public Act . . . . . . . . . 102-0147 [SB0500 Detail]
Download: Illinois-2021-SB0500-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 500
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2 | AMENDMENT NO. ______. Amend Senate Bill 500 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Anatomical Gift Act is amended by | ||||||
5 | changing Section 5-15 as follows:
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6 | (755 ILCS 50/5-15) (was 755 ILCS 50/4.5)
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7 | Sec. 5-15. Disability of recipient.
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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 |
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1 | center or other related specialist for the purpose of | ||||||
2 | evaluation for or receipt of an organ transplant; | ||||||
3 | (4) refuse to place an individual on an organ | ||||||
4 | transplant waiting list or place an individual at a lower | ||||||
5 | priority position on the waiting list than the position at | ||||||
6 | which the individual would have been placed if not for the | ||||||
7 | individual's disability; | ||||||
8 | (5) decline insurance coverage for any procedure | ||||||
9 | associated with the receipt of the anatomical gift, | ||||||
10 | including posttransplantation care; or | ||||||
11 | (6) if an individual has the necessary support system | ||||||
12 | to assist the individual in complying with posttransplant | ||||||
13 | medical requirements, consider the individual's inability | ||||||
14 | to independently comply with posttransplant medical | ||||||
15 | requirements to be medically significant for the purposes | ||||||
16 | of subsection (a-5). | ||||||
17 | A covered entity shall make reasonable modifications to | ||||||
18 | its policies, practices, or procedures to allow individuals | ||||||
19 | with disabilities access to transplantation-related services, | ||||||
20 | including diagnostic services, surgery, coverage, | ||||||
21 | postoperative treatment, and counseling, unless the covered | ||||||
22 | entity can demonstrate that making such modifications would | ||||||
23 | fundamentally alter the nature of such services. | ||||||
24 | A covered entity shall take steps necessary to ensure that | ||||||
25 | an individual with a disability is not denied medical services | ||||||
26 | or other services related to organ transplantation, including |
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1 | diagnostic services, surgery, postoperative treatment, or | ||||||
2 | counseling, due to the absence of auxiliary aids or services, | ||||||
3 | unless the covered entity demonstrates that taking the steps | ||||||
4 | would fundamentally alter the nature of the medical services | ||||||
5 | or other services related to organ transplantation or would | ||||||
6 | result in an undue burden for the covered entity. | ||||||
7 | (a-5) Notwithstanding subsection (a), a hospital, | ||||||
8 | physician and surgeon, procurement organization, or other | ||||||
9 | person may take an individual's disability into account when | ||||||
10 | making treatment or coverage recommendations or decisions | ||||||
11 | solely to the extent that the physical or mental disability | ||||||
12 | has been found by a physician or surgeon, following an | ||||||
13 | individualized evaluation of the potential recipient, to be | ||||||
14 | medically significant to the provision of the anatomical gift. | ||||||
15 | No hospital, physician and surgeon, procurement organization, | ||||||
16 | or other
person shall determine the ultimate recipient of an | ||||||
17 | anatomical gift based upon
a potential recipient's physical or | ||||||
18 | mental disability, except to the extent
that the physical or | ||||||
19 | mental disability has been found by a physician and
surgeon, | ||||||
20 | following a case-by-case evaluation of the potential | ||||||
21 | recipient, to be
medically significant to the provision of the | ||||||
22 | anatomical
gift.
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23 | (b) Subsection (a) shall apply to each part of the organ | ||||||
24 | transplant process.
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25 | (c) The court shall accord priority on its calendar and | ||||||
26 | handle
expeditiously any action brought to seek any remedy |
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1 | authorized by law for
purposes of enforcing compliance with | ||||||
2 | this Section.
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3 | (d) This Section shall not be deemed to require referrals | ||||||
4 | or
recommendations for or the performance of medically | ||||||
5 | inappropriate organ
transplants.
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6 | (e) As used in this Section "disability" has the same | ||||||
7 | meaning as in the
federal Americans with Disabilities Act of | ||||||
8 | 1990 (42 U.S.C. 12101 et seq.,
Public Law 101-336) as may be | ||||||
9 | amended from time to time.
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10 | (Source: P.A. 98-172, eff. 1-1-14.)".
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