AB 955

Current law prohibits hospitals and transplant hospitals from taking certain

actions related to organ transplantation solely on the basis of an individual's

disability. This bill expands these prohibitions to actions taken solely on the basis

of an individual's vaccination status. Under the bill, “vaccination status” means the

status of an individual having received or not received, for reasons of health, religion,

or personal conviction, one or more doses of a vaccine that 1) is authorized for

emergency use by the federal Food and Drug Administration, 2) operates through the

transfer of genetic material into humans, 3) has an annual dosing schedule, or 4) is

for the prevention of a disease against which the individual is protected, as shown

by an antibody titer. Specifically, the bill prohibits hospitals and transplant

hospitals from taking any of the following actions solely on the basis of an

individual's vaccination status: 1) considering the individual ineligible to receive an

anatomical gift; 2) denying the individual any services related to organ

transplantation; 3) refusing to refer the individual to a transplant hospital or an

organ transplant specialist to be evaluated for or receive an anatomical gift; 4)

refusing to place the individual on an organ transplant waiting list; and 5) placing

the individual on an organ transplant waiting list at a lower priority position than

the position at which the individual would have been placed if not for the individual's

vaccination status. The bill also prohibits hospitals and transplant hospitals from

removing an individual from an organ transplant waiting list solely on the basis of

the individual's vaccination status or disability. In addition, the bill prohibits the

denial of insurance coverage for any procedure associated with being evaluated for

or receiving an anatomical gift solely on the basis of an individual's vaccination

status. The bill allows an individual to bring an action in circuit court for taking any

of these actions in violation of the bill. Under the bill, the court must hold a hearing

within 30 days of the filing of the action.

In addition, the bill prohibits any person from discriminating against an

individual in any matter relating to donating or receiving an anatomical gift on the

basis of the individual's vaccination status.