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 against individuals with mental or physical disabilities in organ transplant cases. The bill defines key terms such as 'covered entity,' 'disability,' 'qualified individual,' and 'reasonable modifications' to ensure clarity and consistent application. It seeks to ensure 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. This includes evaluation, counseling, treatment, and placement on waiting lists. The Act mandates reasonable modifications to policies and practices to accommodate individuals with disabilities, ensuring they are not denied services due to a lack of auxiliary aids or support networks.
Potential Benefits
- Equal Access to Healthcare: Ensures individuals with disabilities have equal opportunities to receive life-saving organ transplants.
- Protection Against Discrimination: Prohibits discrimination based on disability in organ transplant decisions.
- Reasonable Accommodations: Requires healthcare providers to make reasonable modifications to policies and practices to accommodate individuals with disabilities.
- Clarity and Definitions: Provides clear definitions of key terms to prevent misinterpretation and ensure consistent application of the law.
- Enforcement Mechanism: Establishes a process for individuals to report violations to the Office for Civil Rights of the Department of Health and Human Services.
Potential Disadvantages
- Potential for Increased Healthcare Costs: Implementing reasonable modifications and providing auxiliary aids may increase healthcare costs.
- Burden on Healthcare Providers: Covered entities may face administrative and financial burdens in complying with the new requirements.
- Subjective Interpretation: The definition of 'medically significant' disability could lead to subjective interpretations and potential loopholes.
- Enforcement Challenges: Ensuring consistent enforcement across all covered entities may be challenging.
- Potential for Unintended Consequences: Could lead to litigation if the definition of 'reasonable modifications' is contested.
Constitutional Alignment
The bill aligns with the principles of equal protection and due process, although these are typically applied to state action via the 14th amendment, this bill extends similar protections to healthcare. While the Constitution does not explicitly address healthcare access, this bill can be viewed as promoting the general welfare, as mentioned in the Preamble. The Commerce Clause (Article I, Section 8) provides a basis for federal regulation of healthcare services that operate in interstate commerce.
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).