New York A 10734: Ensures fairness in organ donations to persons with physical or mental disabilities

Bill Text

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A10734 Summary:

BILL NOA10734 

&nbsp

SAME ASSAME AS S02206

&nbsp

SPONSORSantabarbara

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add Art 35 §§35.01 - 35.07, Ment Hyg L

&nbsp

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

Go to top A10734 Actions:

BILL NOA10734 

&nbsp

03/27/2026referred to mental health

Go to topA10734 Committee&nbspVotes:

Go to topA10734 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10734 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10734

 IN ASSEMBLY

 March 27, 2026
 ___________

 Introduced by M. of A. SANTABARBARA -- read once and referred to the
 Committee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to fairness in organ
 donations to persons with physical or mental disabilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The mental hygiene law is amended by adding a new article
 2 35 to read as follows:
 3 ARTICLE 35
 4 ORGAN DONATION FAIRNESS ACT
 5 Section 35.01 Legislative intent.
 6 35.03 Definitions.
 7 35.05 Discrimination prohibited.
 8 35.07 Enforcement.
 9 § 35.01 Legislative intent.
 10 The legislature finds that:
 11 (a) A mental or physical disability does not diminish a person's right
 12 to health care;
 13 (b) The Americans with Disabilities Act of 1990, 42 USC 12101, prohib-
 14 its discrimination against persons with disabilities, yet many individ-
 15 uals with disabilities still experience discrimination in accessing
 16 critical health care services;
 17 (c) Individuals with mental and physical disabilities have histor-
 18 ically been denied life-saving organ transplants based on assumptions
 19 that their lives are less worthy, that they are incapable of complying
 20 with post-transplant medical regimens, or that they lack adequate
 21 support systems to ensure such compliance;
 22 (d) Although organ transplant centers must consider medical and
 23 psychosocial criteria when determining if a patient is suitable to
 24 receive an organ transplant, transplant centers that participate in
 25 Medicare, Medicaid, and other federal funding programs are required to
 26 use patient selection criteria that result in a fair and non-discrimina-
 27 tory distribution of organs; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04358-01-5

 A. 10734 2

 1 (e) New York residents in need of organ transplants are entitled to
 2 assurances that they will not encounter discrimination on the basis of a
 3 disability.
 4 § 35.03 Definitions.
 5 As used in this article:
 6 (a) the term "disability" shall have the same meaning set forth in the
 7 Americans with Disabilities Act of 1990 as amended by the ADA Amendments
 8 Act of 2008, at 42 USC 12102.
 9 (b) the term "auxiliary aids and services" shall include:
 10 1. qualified interpreters or other effective methods of making aurally
 11 delivered materials available to individuals with hearing impairments;
 12 2. qualified readers, taped texts, or other effective methods of
 13 making visually delivered materials available to individuals with visual
 14 impairments;
 15 3. provision of information in a format that is accessible for indi-
 16 viduals with cognitive, neurological, developmental, or intellectual
 17 disabilities;
 18 4. provision of supported decision making services;
 19 5. acquisition or modification of equipment or devices; and
 20 6. other similar services and actions.
 21 (c) the term "qualified individual" shall mean an individual who, with
 22 or without the support networks available to them, provision of auxilia-
 23 ry aids and services, or reasonable modifications to policies or prac-
 24 tices, meets the essential eligibility requirements for the receipt of
 25 an anatomical gift.
 26 (d) the term "reasonable modifications to policies or practices" shall
 27 include:
 28 1. communication with individuals responsible for supporting an indi-
 29 vidual with post-surgical and post-transplantation care, including medi-
 30 cation; and
 31 2. consideration of support networks available to the individual,
 32 including family, fri