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Public Act 102-0147


 

Public Act 0147 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0147
 
SB0500 EnrolledLRB102 14520 LNS 19873 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Anatomical Gift Act is amended by
changing Section 5-15 as follows:
 
    (755 ILCS 50/5-15)  (was 755 ILCS 50/4.5)
    Sec. 5-15. Disability of recipient.
    (a) A hospital, physician and surgeon, procurement
organization, or other person shall not, solely on the basis
of an individual's mental or physical disability:
        (1) deem an individual ineligible to receive an
    anatomical gift or organ transplant;
        (2) deny medical and other services related to organ
    transplantation, including evaluation, surgery,
    counseling, postoperative treatment, and services;
        (3) 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;
        (4) 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;
        (5) decline insurance coverage for any procedure
    associated with the receipt of the anatomical gift,
    including posttransplantation care; or
        (6) if an individual has the necessary support system
    to assist the individual in complying with posttransplant
    medical requirements, consider the individual's inability
    to independently comply with posttransplant medical
    requirements to be medically significant for the purposes
    of subsection (a-5).
    A covered entity shall comply with the requirements of the
Americans with Disabilities Act of 1990 and its implementing
regulations in making reasonable modifications to its policies
or procedures in response to a request from an individual with
disabilities regarding access to transplantation-related
services, including diagnostic services, surgery, coverage,
postoperative treatment, and counseling.
    (a-5) Notwithstanding subsection (a), 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.
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.
    (b) Subsection (a) shall apply to each part of the organ
transplant process.
    (c) The court shall accord priority on its calendar and
handle expeditiously any action brought to seek any remedy
authorized by law for purposes of enforcing compliance with
this Section.
    (d) This Section shall not be deemed to require referrals
or recommendations for or the performance of medically
inappropriate organ transplants.
    (e) As used in this Section "disability" has the same
meaning as in the federal Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq., Public Law 101-336) as may be
amended from time to time.
    (f) As used in this Section, "covered entity" has the
meaning ascribed to it under HIPAA, as specified in 45 CFR
160.103.
(Source: P.A. 98-172, eff. 1-1-14.)

Effective Date: 1/1/2022