HF 1080

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:54pm

A bill for an act
relating to human rights; requiring nondiscrimination in access to transplants;
prescribing penalties; proposing coding for new law in Minnesota Statutes, chapters
62A; 363A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [62A.082] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given unless the context clearly requires otherwise.
new text end

new text begin (b) "Covered person" means a policyholder, subscriber, enrollee, member, or individual
covered by a health plan, group health plan, or individual health plan.
new text end

new text begin (c) "Disability" has the meaning given in the Americans with Disabilities Act of 1990,
as amended by the ADA Amendments Act of 2008, United States Code, title 42, section
12102.
new text end

new text begin (d) "Group health plan" has the meaning given in section 62A.011, subdivision 1c.
new text end

new text begin (e) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
new text end

new text begin (f) "Health plan" has the meaning given in section 62A.011, subdivision 3.
new text end

new text begin (g) "Individual health plan" has the meaning given in section 62A.011, subdivision 4.
new text end

new text begin (h) "Organ transplant" means 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.
new text end

new text begin Subd. 2. new text end

new text begin Transplant discrimination prohibited. new text end

new text begin A health carrier that provides coverage
for anatomical gifts, organ transplants, or related treatment and services shall not:
new text end

new text begin (1) deny coverage to a covered person based solely on the person's disability;
new text end

new text begin (2) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage
under the terms of the health plan, group health plan, or individual health plan solely for
the purpose of avoiding the requirements of this section;
new text end

new text begin (3) penalize or otherwise reduce or limit the reimbursement of an attending provider, or
provide monetary or nonmonetary incentives to an attending provider, to induce such
provider to provide care to an insured or enrollee in a manner inconsistent with this section;
or
new text end

new text begin (4) reduce or limit coverage benefits to a patient for the medical services or other services
related to organ transplantation performed pursuant to this section as determined in
consultation with the attending physician and patient.
new text end

new text begin Subd. 3. new text end

new text begin Collective bargaining. new text end

new text begin In the case of a group health plan maintained pursuant
to one or more collective bargaining agreements between employee representatives and one
or more employers, any plan amendment made pursuant to a collective bargaining agreement
relating to the plan which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of the collective bargaining
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Coverage limitation. new text end

new text begin Nothing in this section shall be deemed to require a health
carrier to provide coverage for a medically inappropriate organ transplant.
new text end

Sec. 2.

new text begin [363A.50] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Public policy. new text end

new text begin The legislature finds that:
new text end

new text begin (1) a mental or physical disability does not diminish a person's right to health care;
new text end

new text begin (2) the Americans with Disabilities Act of 1990 prohibits discrimination against persons
with disabilities, yet many individuals with disabilities still experience discrimination in
accessing critical health care services;
new text end

new text begin (3) individuals with mental and physical disabilities have historically been denied
life-saving organ transplants based on assumptions that their lives are less worthy, that they
are incapable of complying with post-transplant medical regimens, or that they lack adequate
support systems to ensure such compliance;
new text end

new text begin (4) although organ transplant centers must consider medical and psychosocial criteria
when determining if a patient is suitable to receive an organ transplant, transplant centers
that participate in Medicare, Medicaid, and other federally funded programs are required
to use patient selection criteria that result in a fair and nondiscriminatory distribution of
organs; and
new text end

new text begin (5) Minnesota residents in need of organ transplants are entitled to assurances that they
will not encounter discrimination on the basis of a disability.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given unless the context clearly requires otherwise.
new text end

new text begin (b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
new text end

new text begin (c) "Auxiliary aids and services" include, but are not limited to:
new text end

new text begin (1) qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairments;
new text end

new text begin (2) qualified readers, taped texts, texts in accessible electronic format, or other effective
methods of making visually delivered materials available to individuals with visual
impairments;
new text end

new text begin (3) the provision of information in a format that is accessible for individuals with
cognitive, neurological, developmental, intellectual, or physical disabilities;
new text end

new text begin (4) the provision of supported decision-making services; and
new text end

new text begin (5) the acquisition or modification of equipment or devices.
new text end

new text begin (d) "Covered entity" means:
new text end

new text begin (1) any 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; or
new text end

new text begin (2) any entity responsible for matching anatomical gift donors to potential recipients.
new text end

new text begin (e) "Disability" has the meaning given in the Americans with Disabilities Act of 1990,
as amended by the Americans with Disabilities Act Amendments Act of 2008, United States
Code, title 42, section 12102.
new text end

new text begin (f) "Organ transplant" means the transplantation or infusion of a part of a human body
into the body of another for the purpose of treating or curing a medical condition.
new text end

new text begin (g) "Qualified individual" means an individual who, with or without available support
networks, the 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.
new text end

new text begin (h) "Reasonable modifications to policies or practices" include, but are not limited to:
new text end

new text begin (1) communication with individuals responsible for supporting an individual with
postsurgical and post-transplantation care, including medication; and
new text end

new text begin (2) 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 the individual
is enrolled, or any program or source of funding available to the individual, in determining
whether the individual is able to comply with post-transplant medical requirements.
new text end

new text begin (i) "Supported decision making" has the meaning given in section 524.5-102, subdivision
16a.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition of discrimination. new text end

new text begin (a) A covered entity may not, solely on the
basis of a qualified individual's mental or physical disability:
new text end

new text begin (1) deem an individual ineligible to receive an anatomical gift or organ transplant;
new text end

new text begin (2) deny medical or related organ transplantation services, including evaluation, surgery,
counseling, and postoperative treatment and care;
new text end

new text begin (3) refuse to refer the individual to a transplant center or other related specialist for the
purpose of evaluation or receipt of an anatomical gift or organ transplant;
new text end

new text begin (4) refuse to place an individual on an organ transplant waiting list or place the individual
at a lower-priority position on the list than the position at which the individual would have
been placed if not for the individual's disability; or
new text end

new text begin (5) decline insurance coverage for any procedure associated with the receipt of the
anatomical gift or organ transplant, including post-transplantation and postinfusion care.
new text end

new text begin (b) Notwithstanding paragraph (a), 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, following
an individualized evaluation of the potential recipient to be medically significant to the
provision of the anatomical gift or organ transplant. The provisions of this section may not
be deemed to require referrals or recommendations for, or the performance of, medically
inappropriate organ transplants.
new text end

new text begin (c) If an individual has the necessary support system to assist the individual in complying
with post-transplant medical requirements, an individual's inability to independently comply
with those requirements may not be deemed to be medically significant for the purposes of
paragraph (b).
new text end

new text begin (d) A covered entity must make reasonable modifications to policies, practices, or
procedures, when such modifications are necessary to make services such as
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.
new text end

new text begin (e) A covered entity must take such steps as may be necessary to ensure that no qualified
individual with a disability is denied services such as transplantation-related counseling,
information, coverage, or treatment because of the absence of auxiliary aids and services,
unless the entity can demonstrate that taking such steps would fundamentally alter the nature
of the services being offered or result in an undue burden.
new text end

new text begin (f) A covered entity must otherwise comply with the requirements of Titles II and III of
the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act
Amendments Act of 2008.
new text end

new text begin (g) The provisions of this section apply to each part of the organ transplant process.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) Any individual who has been subjected to discrimination in
violation of sections 363A.50 to 363A.52 may initiate a civil action in a court of competent
jurisdiction to enjoin further violations and recover the cost of the suit.
new text end

new text begin (b) The court must accord priority on its calendar and expeditiously proceed with an
action brought under this section by requiring:
new text end

new text begin (1) auxiliary aids or services be made available to qualified individuals;
new text end

new text begin (2) the modifications of a policy, practice, or procedure of a covered entity; and
new text end

new text begin (3) facilities be made readily accessible and usable by a qualified individual.
new text end

new text begin (c) Nothing in this section is intended to limit or replace available remedies under the
Americans with Disabilities Act of 1990 and the Americans with Disabilities Act
Amendments Act of 2008 or any other applicable law.
new text end

new text begin (d) This section does not create a right to compensatory or punitive damages against a
covered entity.
new text end