Illinois General Assembly - Full Text of SB0500
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Full Text of SB0500  102nd General Assembly


Sen. Jason A. Barickman

Filed: 3/5/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 500 by replacing
3everything after the enacting clause with the following:
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



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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
18its policies, practices, or procedures to allow individuals
19with disabilities access to transplantation-related services,
20including diagnostic services, surgery, coverage,
21postoperative treatment, and counseling, unless the covered
22entity can demonstrate that making such modifications would
23fundamentally alter the nature of such services.
24    A covered entity shall take steps necessary to ensure that
25an individual with a disability is not denied medical services
26or other services related to organ transplantation, including



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1diagnostic services, surgery, postoperative treatment, or
2counseling, due to the absence of auxiliary aids or services,
3unless the covered entity demonstrates that taking the steps
4would fundamentally alter the nature of the medical services
5or other services related to organ transplantation or would
6result in an undue burden for the covered entity.
7    (a-5) Notwithstanding subsection (a), a hospital,
8physician and surgeon, procurement organization, or other
9person may take an individual's disability into account when
10making treatment or coverage recommendations or decisions
11solely to the extent that the physical or mental disability
12has been found by a physician or surgeon, following an
13individualized evaluation of the potential recipient, to be
14medically significant to the provision of the anatomical gift.
15No hospital, physician and surgeon, procurement organization,
16or other person shall determine the ultimate recipient of an
17anatomical gift based upon a potential recipient's physical or
18mental disability, except to the extent that the physical or
19mental disability has been found by a physician and surgeon,
20following a case-by-case evaluation of the potential
21recipient, to be medically significant to the provision of the
22anatomical gift.
23    (b) Subsection (a) shall apply to each part of the organ
24transplant process.
25    (c) The court shall accord priority on its calendar and
26handle expeditiously any action brought to seek any remedy



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1authorized by law for purposes of enforcing compliance with
2this Section.
3    (d) This Section shall not be deemed to require referrals
4or recommendations for or the performance of medically
5inappropriate organ transplants.
6    (e) As used in this Section "disability" has the same
7meaning as in the federal Americans with Disabilities Act of
81990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
9amended from time to time.
10(Source: P.A. 98-172, eff. 1-1-14.)".