HF 2561 (LSB 5803HV (3) 88)

HOUSE FILE 2561

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HF 2118)

A BILL FOR

An Act relating to protections for certain potential recipients of anatomical gifts. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.192  Protections of certain prospective recipients of anatomical gifts.
   1.  A hospital, physician, or other person shall not determine the ultimate recipient of an anatomical gift based upon a potential recipient’s disability, except to the extent that the disability has been found by a physician, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift.
   2.  Subsection 1 shall apply to each part of the anatomical gift process including all of the following:
   a.  The referral from a primary care provider to a specialist.
   b.  The referral from a specialist to a transplant center.
   c.  The evaluation of the patient for the transplant by the transplant hospital.
   d.  The consideration of the patient for placement on the list of potential transplant recipients pursuant to 42 C.F.R. §121.7.
   3.  A person with a disability shall not be required to demonstrate postoperative independent living abilities in order to be placed on the list of potential transplant recipients pursuant to 42 C.F.R. §121.7 if there is evidence that the person will have sufficient, compensatory support and assistance.
   4.  A 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.
   5.  This section shall not be deemed to require referrals or recommendations for, or the performance of, a medically inappropriate transplant of a part.
   6.  As used in this section:
   a.  “Anatomical gift” means the same as defined in section 142C.2.
   b.  “Disability” means the same as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq.
    Sec. 2.  CODE EDITOR DIRECTIVE.  The Code editor may designate section 135.192, as enacted in this Act, as a new subchapter within chapter 135, entitled “PROTECTIONS FOR POTENTIAL RECIPIENTS OF ANATOMICAL GIFTS”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to certain potential recipients of anatomical gifts. 
   The bill prohibits a hospital, physician, or other person from determining the ultimate recipient of an anatomical gift based upon a potential recipient’s disability, except to the extent that the disability has been found by a physician, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. The prohibition applies to each part of the anatomical gift process and provides that a person with a disability shall not be required to demonstrate postoperative independent living abilities in order to be placed on the national list of potential transplant recipients if there is evidence that the person will have sufficient, compensatory support and assistance. The bill provides that a 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 the bill. The bill is not to be deemed to require referrals or recommendations for, or the performance of, medically inappropriate transplants of a part (an organ, an eye, or tissue of a human being). The bill defines “anatomical gift” as having the same meaning as under Code chapter 142C (revised uniform anatomical gift Act) and “disability” as having the same meaning as used in the federal Americans with Disabilities Act of 1990.