S.1782 - Charlotte Woodward Organ Transplant Discrimination Prevention Act (119th Congress)
Summary
The Charlotte Woodward Organ Transplant Discrimination Prevention Act (S.1782) aims to prohibit discrimination based on mental or physical disability in organ transplant cases. It defines key terms such as 'covered entity,' 'disability,' 'qualified individual,' and 'reasonable modifications' to ensure fair access to organ transplants and related services. The bill seeks to prevent denial of services, refusal of referrals, or exclusion from waiting lists based solely on disability, while allowing for consideration of medically significant disabilities.
Expected Effects
The likely effect of this bill is to increase access to organ transplants for individuals with disabilities. It mandates reasonable modifications to policies and practices to accommodate qualified individuals. It also establishes an enforcement mechanism through the Department of Health and Human Services' Office for Civil Rights.
Potential Benefits
- Increased access to organ transplants for individuals with disabilities.
- Promotion of social equity by reducing discrimination in healthcare.
- Establishment of clear definitions and standards for non-discriminatory practices.
- Requirement for reasonable modifications to policies to accommodate individuals with disabilities.
- Expedited resolution of discrimination claims through the Office for Civil Rights.
Potential Disadvantages
- Potential for increased administrative burden on healthcare providers to implement reasonable modifications.
- Possible legal challenges regarding the interpretation of 'medically significant disabilities.'
- Risk of unintended consequences if modifications fundamentally alter the nature of transplant policies.
- Potential for increased costs associated with providing auxiliary aids and services.
- The bill might not fully address all forms of discrimination, as it primarily focuses on disability.
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 applies similar principles to healthcare. It also aligns with the general welfare clause of the Constitution's preamble by promoting health and well-being. The Commerce Clause (Article I, Section 8) provides a basis for federal regulation of healthcare providers engaged 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).