![]() (e) A covered entity shall make reasonable modifications to its policies, practices or procedures when such modifications are necessary to make services, including transplantation-related counseling, information, coverage or treatment, available to qualified individuals with disabilities unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services. (d) If an individual has the necessary support system to assist the individual in complying with posttransplant medical requirements, an individual’s inability to independently comply with those requirements shall not be deemed to be medically significant for the purposes of subsection (c). Nothing in this section shall be deemed to require referrals or recommendations for or authorize the performance of medically inappropriate organ transplants. (c) Notwithstanding subsection (b), a covered entity 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. ![]() (v) decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including posttransplantation care. (iv) 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 (iii) 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 (ii) deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, postoperative treatment and services (i) deem an individual ineligible to receive an anatomical gift or organ transplant (b) A covered entity shall not, solely on the basis of a qualified individual’s mental or physical disability: “Reasonable modification” or “reasonable modifications to policies or practices”, may include, but shall not be limited to including: (i) communication with individuals responsible for supporting an individual with postsurgical and posttransplantation care, including medication (ii) consideration of support networks available to the individual, including family, friends and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which an individual is enrolled or any program or source of funding available to the individual, in determining whether the individual is able to comply with posttransplant medical requirements. “Qualified individual”, an individual who, with or without the support networks available to them, provision of auxiliary aids and services or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift. “Organ transplant”, the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition. “Disability”, a disability as defined in the Americans with Disabilities Act of 1990 as amended by 42 U.S.C. “Covered entity”, a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities and prison health centers. “Auxiliary aids and services”, auxiliary aids and services as defined in the Americans with Disabilities Act of 1990 as amended by 42 U.S.C. ![]() (a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:Ĭhapter 111 of the General Laws is hereby amended by adding the following section:.
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