Charlotte Woodward Organ Transplant Discrimination Prevention Act

The bill would prohibit covered health care entities and transplant hospitals from determining a qualified individual ineligible for an organ transplant, denying a transplant or related services, refusing a referral, or refusing to place someone on a waiting list, solely because of that person's disability. Providers could still factor in a disability if a physician, after an individualized evaluation, finds it medically significant to the transplant — but a patient's inability to independently comply with post-transplant requirements cannot count as medically significant if the patient has an adequate support network. Covered entities would also have to make reasonable modifications to policies and procedures, including using auxiliary aids and supported decision-making, to make transplants accessible to people with disabilities. The bill would let individuals bring discrimination claims to HHS's Office for Civil Rights for expedited resolution, and would bar the Organ Procurement and Transplantation Network's board from issuing policies that hinder disability-based access. It would not limit rights or remedies available under the Americans with Disabilities Act, the Rehabilitation Act, or state and local laws providing greater protections.

People with physical or mental disabilities seeking organ transplants; hospitals, transplant centers, licensed health care practitioners, nursing facilities, and other providers involved in transplant evaluation and care; the Organ Procurement and Transplantation Network's board of directors; and HHS's Office for Civil Rights, which would handle discrimination claims.

Disabled patients who have been denied transplant eligibility or waiting-list placement based on disability alone would gain a specific legal prohibition and an expedited HHS complaint process. Providers would need to document individualized medical findings before considering disability in transplant decisions and adopt reasonable accommodations, potentially changing eligibility criteria and intake procedures nationwide.

Covered entities would need physicians to conduct individualized evaluations before factoring disability into transplant decisions, and to adopt reasonable policy modifications such as supported decision-making and auxiliary aids unless doing so would fundamentally alter their practices or cause undue burden. Aggrieved individuals could file complaints with HHS's Office for Civil Rights, which would handle them on an expedited basis. The Organ Procurement and Transplantation Network's board would need to review and avoid issuing policies that hinder disability-based access. The Act would operate alongside, not replace, existing remedies under the Americans with Disabilities Act, the Rehabilitation Act, and state or local laws offering greater protections.