SF 3790

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2022 08:49am

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

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

Section 1.

new text begin [363A.51] PUBLIC POLICY.
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new text begin The legislature finds that:
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new text begin (1) race and ethnicity does not diminish a person's right to health care;
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new text begin (2) persons of color are underrepresented in organ donor registries due to implicit bias
and preconception of who is likely to donate, contributing to a person of color being less
likely to be referred for donor donation;
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new text begin (3) persons of color have historically been denied life-saving organ transplants based
on being less likely to be identified as candidates by medical personnel due to preconceived
ideas that (i) they are less likely to comply with post-transplant medical regimens, or (ii)
they lack adequate support systems to ensure compliance;
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new text begin (4) organ recipients are more likely to match with a donor with shared racial or ethnic
backgrounds;
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new text begin (5) the organ evaluation system is tainted with implicit bias regarding race and ethnicity
in the referral process to the procurement process, leading to fewer available, suitable organs
for persons of color;
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new text begin (6) although organ transplant centers must consider medical and other criteria when
determining if a patient is suitable to receive an organ transplant, organ procurement
organizations make decisions on which families to approach for organ donation and organ
procurement organizations approach families of color less often, leading to fewer organ
donations and fewer matches for persons of color; and
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new text begin (7) Minnesota residents in need of organ transplants are entitled to assurances that they
will not encounter discrimination on the basis of race or ethnicity.
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Sec. 2.

new text begin [363A.52] DEFINITIONS.
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new text begin Subdivision 1. new text end

new text begin Terms. new text end

new text begin For purposes of this section, the following terms have the
meanings given unless the context clearly requires otherwise.
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new text begin Subd. 2. new text end

new text begin Anatomical gift. new text end

new text begin "Anatomical gift" has the meaning given in section 525A.02,
subdivision 4.
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new text begin Subd. 3. new text end

new text begin Auxiliary aids and services. new text end

new text begin "Auxiliary aids and services" include, but are not
limited to:
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new text begin (1) qualified interpreters or other effective methods of making aurally delivered materials
available to non-English speaking individuals;
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new text begin (2) qualified readers, taped texts, or other effective methods of making visually delivered
materials available to all individuals;
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new text begin (3) the provision of information in a format that is accessible for individuals with various
racial and ethnic backgrounds; and
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new text begin (4) the provision of supported decision-making services.
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new text begin Subd. 4. new text end

new text begin Covered entity. new text end

new text begin "Covered entity" means:
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new text begin (1) any licensed provider of health care services, including licensed health care
practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, residential
treatment facilities, and prison health centers;
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new text begin (2) any entity responsible for matching anatomical gift donors to potential recipients;
and
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new text begin (3) an organ procurement organization.
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new text begin Subd. 5. new text end

new text begin Organ procurement organization. new text end

new text begin Organ procurement organization" or "OPO"
means a nonprofit organization responsible for recovering organs for transplantation in the
United States. The OPO role is to assess donor potential and collect and convey accurate
clinical information. OPOs work directly with the donor's family. OPOs facilitate
authorization, testing, recovery of the organ, and delivery of the organ to the transplant
hospital.
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new text begin Subd. 6. new text end

new text begin Qualified individual. new text end

new text begin "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.
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new text begin Subd. 7. new text end

new text begin Reasonable modifications to policies or practices. new text end

new text begin "Reasonable modifications
to policies or practices" include, but are not limited to:
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new text begin (1) communication with individuals responsible for supporting an individual with
postsurgical and post-transplantation care, including medication; and
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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 Subd. 8. new text end

new text begin Supported decision making. new text end

new text begin "Supported decision making" means the use of
a support person to assist an individual in making medical decisions, to communicate
information to the individual, or to ascertain an individual's wishes. Supported decision
making may include:
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new text begin (1) including the individual's attorney-in-fact, health care proxy, or any person of the
individual's choice in communications about the individual's medical care;
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new text begin (2) permitting the individual to designate a person of their choice for the purposes of
supporting that individual in communicating, processing information, or making medical
decisions;
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new text begin (3) providing auxiliary aids and services to facilitate the individual's ability to
communicate and process health-related information;
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new text begin (4) providing information to persons designated by the individual, consistent with the
provisions of the Health Insurance Portability and Accountability Act of 1996, United States
Code, title 42, section 1301 et seq., and other applicable laws and regulations governing
disclosure of health information; and
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new text begin (5) providing health information in a format that is readily understandable by the
individual.
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Sec. 3.

new text begin [363A.53] PROHIBITION OF DISCRIMINATION.
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new text begin (a) A covered entity may not, solely on the basis of a qualified individual's race or
ethnicity:
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new text begin (1) deem an individual ineligible to receive an anatomical gift or organ transplant;
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new text begin (2) deny medical or related organ transplantation services, including evaluation, surgery,
counseling, and postoperative treatment and care;
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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 organ transplant;
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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 race or ethnicity; or
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new text begin (5) decline insurance coverage for any procedure associated with the receipt of the
anatomical gift, including post-transplantation care.
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new text begin (b) A covered entity may not take an individual's race or ethnicity into account when
making treatment or coverage recommendations or decisions.
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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 race or ethnicity may not be
deemed to be medically significant for the purposes of organ transplantation.
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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.
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new text begin (e) A covered entity must take such steps as may be necessary to ensure that no qualified
individual is denied services such as transplantation-related counseling, information,
coverage, or treatment because of the absence of auxiliary aids and services.
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new text begin (f) A covered entity must otherwise comply with Title VII of the Civil Rights Act of
1964 and this chapter.
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new text begin (g) The provisions of this section apply to each part of the organ transplant process.
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Sec. 4.

new text begin [363A.54] ENFORCEMENT.
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new text begin (a) Any individual who has been subjected to discrimination in violation of sections
363A.51 to 363A.53 may initiate a civil action in a court of competent jurisdiction to enjoin
further violations and recover the cost of the suit including reasonable attorney fees.
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new text begin (b) The court must accord priority on its calendar and expeditiously proceed with an
action brought under sections 363A.51 to 363A.53.
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new text begin (c) Nothing in this section is intended to limit or replace available remedies under Title
VII of the Civil Rights Act of 1964 or any other applicable law.
new text end