H.R.1520 - Charlotte Woodward Organ Transplant Discrimination Prevention Act (119th Congress)
Summary
H.R. 1520, the Charlotte Woodward Organ Transplant Discrimination Prevention Act, aims to prohibit discrimination based on mental or physical disability in organ transplant cases. It defines key terms like 'covered entity,' 'disability,' and 'qualified individual' to ensure clarity in application. The bill seeks to ensure that individuals with disabilities have equal access to organ transplants and related services, promoting fairness and inclusivity in healthcare.
Expected Effects
The bill would prevent healthcare providers and transplant centers from denying organ transplants or related services solely based on a person's disability. It mandates reasonable modifications to policies and practices to accommodate individuals with disabilities, ensuring they are not discriminated against in the organ transplant process. The Act also establishes an enforcement mechanism through the Office for Civil Rights of the Department of Health and Human Services.
Potential Benefits
- Ensures equal access to organ transplants for individuals with disabilities.
- Promotes fairness and inclusivity in healthcare.
- Mandates reasonable modifications to policies to accommodate individuals with disabilities.
- Establishes an enforcement mechanism to address violations.
- Aligns with the principles of the Americans with Disabilities Act.
Potential Disadvantages
- May increase the administrative burden on healthcare providers and transplant centers.
- Could potentially lead to disputes over what constitutes a 'reasonable modification'.
- There might be concerns about the allocation of scarce resources if priority is perceived to be shifted.
- The definition of 'medically significant disabilities' could be subject to interpretation and potential abuse.
- Potential for increased litigation related to discrimination claims.
Constitutional Alignment
The bill aligns with the principles of equal protection and the pursuit of general welfare, as outlined in the Preamble of the US Constitution. While the Constitution does not explicitly address healthcare, the Commerce Clause (Article I, Section 8) provides Congress with the power to regulate interstate commerce, which could be used to justify federal oversight of organ transplant policies. The bill also complements the Americans with Disabilities Act, reinforcing constitutional values of equality and non-discrimination.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).