Tennessee HB 2609: Disabled Persons - As introduced, prohibits certain healthcare providers and entities from discriminating against qualified persons for receipt of transplantations or anatomical gifts based solely on disability; prohibits insurers that offer plans covering transplantations from denying coverage solely on disability. - Amends TCA Title 8; Title 33; Title 56; Title 63; Title 68 and Title 71.

Bill Text

HB2609
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HOUSE BILL 2609
By Cochran

AN ACT to amend Tennessee Code Annotated, Title 8;
Title 33; Title 56; Title 63; Title 68 and Title 71,
relative to health care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 68, is amended by adding the following
as a new chapter:
68-31-101. Chapter definitions.
As used in this chapter:
(1) "Ambulatory outpatient surgical center" has the same meaning as
defined in § 68-11-201;
(2) "Anatomical gift" means a donation of all or part of a human body to
take effect after the donor's death for the purpose of transplantation, therapy,
research, or education;
(3) "Auxiliary aids and services" means:
(A) Qualified interpreters or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(B) Qualified readers, taped texts, or other effective methods of
making visually delivered materials available to individuals with visual
impairments;
(C) Acquisition or modification of equipment or devices; or
(D) Other similar services and actions;
(4) "Covered entity" means:

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(A) A healthcare provider;
(B) A hospital;
(C) An ambulatory outpatient surgical center;
(D) A home care organization; or
(E) Any other entity responsible for matching anatomical gifts or
organ donors to potential recipients;
(5) "Disability" has the same meaning as defined in 42 U.S.C. § 12102;
(6) "Healthcare provider" means a person licensed under title 63, chapter
6, 7, 9, or 19;
(7) "Home care organization" has the same meaning as defined in § 68-
11-201;
(8) "Hospital" has the same meaning as defined in § 33-1-101 or § 68-
11-201;
(9) "Transplantation" means the transplantation or transfusion of a
human body part into the body of another individual for the purpose of treating or
curing a medical condition; and
(10) "Qualified recipient" means a recipient who has a disability and
meets the eligibility requirements for receipt of transplantation or anatomical gift
regardless of the use of the following:
(A) Individuals or entities available to support and assist the
recipient of an anatomical gift or transplantation;
(B) Auxiliary aids and services; or
(C) Reasonable modifications to the policies, practices, or
procedures of a covered entity, including modifications that allow for:
(i) Communication with one (1) or more individuals or
entities available to support or assist with the recipient's care after
surgery or transplantation; or

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(ii) Consideration of the availability of those individuals or
entities when determining whether the recipient is able to comply
with medical requirements following surgery or transplantation.
68-31-102. Discrimination on the basis of disability prohibited.
(a) A covered entity shall not do any of the following solely on the basis of the
disability of a qualified recipient:
(1) Consider a qualified recipient ineligible for transplantation or receipt of
an anatomical gift;
(2) Deny medical or other services related to transplantation, including:
(A) Evaluation;
(B) Surgery; and
(C) Counseling and treatment following transplantation;
(3) Refuse to refer a qualified recipient to a transplant center or
specialist;
(4) Refuse to place a qualified recipient on an organ or tissue waiting list;
or
(5) Place a qualified recipient at a position on an organ or tissue waiting
list that is lower than the position at which the qualified recipient would have been
placed if not for the qualified recipient's disability.
(b) Subject to subsection (c), if a healthcare provider has examined an individual
and determined that the individual has a disability, then a covered entity may consider,
when making recommendations or decisions related to receipt of an anatomical gift or
transplantation, the disability of the individual to be medically significant to the receipt of
an anatomical gift or transplantation.

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(c) A covered entity shall not consider a qualified recipient's inability to comply
with medical requirements following transplantation to be medically significant if a
qualified recipient has individuals or entities available to assist in complying with the
medical requirements.
(d) A covered entity shall make reasonable modifications to its policies,
practices, or procedures to allow individuals with disabilities access to transplantation-
related treatment and services, except when the covered entity demonstrates that the
modifications would fundamentally alter the nature of the transplantation-related
treatment and services.
68-31-103. Civil cause of action.
(a) An individual who reasonably believes that a covered entity has violated this
chapter may bring a civil action for injunctive or other equitable relief against the covered
entity for the purpose of enforcing compliance with this chapter.
(b) In an action commenced under this section, the court must:
(1) Schedule a hearing as soon as practicable; a