SB 538

This bill prohibits discrimination against any individual in the receipt of an

anatomical gift or related services solely on the basis of the individual's disability.

However, this bill specifies that a hospital or transplant hospital may consider an

individual's disability in making treatment or coverage recommendations or

decisions, but only if a physician finds that the disability is medically significant to

the receipt of the anatomical gift following an individualized evaluation of the

individual. Under the bill, an individual's independent ability to comply with

posttransplantation medical requirements is not considered medically significant if

the evaluating physician concludes that the individual has the necessary support

system to assist the individual in complying with the posttransplantation medical

requirements. Further, the bill provides that an individual may bring an action in

circuit court for a violation of the bill. The bill requires the court to hold a hearing

within 30 days of the filing of the action. In an action before the circuit court, the

court may grant injunctive or equitable relief, including ordering necessary auxiliary

aids and services. Under the bill, “auxiliary aids and services” includes supported

decision-making services and methods to make delivered material available to

individuals with hearing or visual impairments.