102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0500

 

Introduced 2/23/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 50/5-15  was 755 ILCS 50/4.5

    Amends the Illinois Anatomical Gift Act. Deletes language providing that no hospital, physician and surgeon, procurement organization, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's physical or mental disability, except to the extent that the physical or mental disability has been found by a physician and surgeon, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. Provides instead that a hospital, physician and surgeon, procurement organization, or other person shall not, solely on the basis of an individual's mental or physical disability: deem an individual ineligible to receive an anatomical gift or organ transplant; deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, postoperative treatment, and services; refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation for or receipt of an organ transplant; refuse to place an individual on an organ transplant waiting list or place an individual at a lower priority position on the waiting list than the position at which the individual would have been placed if not for the individual's disability; or decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care. Provides that a hospital, physician and surgeon, procurement organization, or other person may take an individual's disability into account when making treatment or coverage recommendations or decisions solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.


LRB102 14520 LNS 19873 b

 

 

A BILL FOR

 

SB0500LRB102 14520 LNS 19873 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Anatomical Gift Act is amended by
5changing Section 5-15 as follows:
 
6    (755 ILCS 50/5-15)  (was 755 ILCS 50/4.5)
7    Sec. 5-15. Disability of recipient.
8    (a) A hospital, physician and surgeon, procurement
9organization, or other person shall not, solely on the basis
10of 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
17    center or other related specialist for the purpose of
18    evaluation for or receipt of an organ transplant;
19        (4) refuse to place an individual on an organ
20    transplant waiting list or place an individual at a lower
21    priority position on the waiting list than the position at
22    which the individual would have been placed if not for the
23    individual's disability; or

 

 

SB0500- 2 -LRB102 14520 LNS 19873 b

1        (5) decline insurance coverage for any procedure
2    associated with the receipt of the anatomical gift,
3    including posttransplantation care.
4    (a-5) Notwithstanding subsection (a), a hospital,
5physician and surgeon, procurement organization, or other
6person may take an individual's disability into account when
7making treatment or coverage recommendations or decisions
8solely to the extent that the physical or mental disability
9has been found by a physician or surgeon, following an
10individualized evaluation of the potential recipient, to be
11medically significant to the provision of the anatomical gift.
12No hospital, physician and surgeon, procurement organization,
13or other person shall determine the ultimate recipient of an
14anatomical gift based upon a potential recipient's physical or
15mental disability, except to the extent that the physical or
16mental disability has been found by a physician and surgeon,
17following a case-by-case evaluation of the potential
18recipient, to be medically significant to the provision of the
19anatomical gift.
20    (b) Subsection (a) shall apply to each part of the organ
21transplant process.
22    (c) The court shall accord priority on its calendar and
23handle expeditiously any action brought to seek any remedy
24authorized by law for purposes of enforcing compliance with
25this Section.
26    (d) This Section shall not be deemed to require referrals

 

 

SB0500- 3 -LRB102 14520 LNS 19873 b

1or recommendations for or the performance of medically
2inappropriate organ transplants.
3    (e) As used in this Section "disability" has the same
4meaning as in the federal Americans with Disabilities Act of
51990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
6amended from time to time.
7(Source: P.A. 98-172, eff. 1-1-14.)