Signed by Governor Roy Cooper III

Vote Smart's Synopsis:

Vote to pass a bill that prohibits organ transplant discrimination on the basis of down syndrome.

Highlights:

• Prohibits healthcare providers from considering an individual ineligible to receive an organ transplant or anatomical gift solely on the basis of disability (Sec. 130A-413.3).

• Specifies that healthcare providers may not deny medical services related to organ transplantation, refuse to transfer individuals to transplant centers, refuse to place qualified recipients on an organ transplant waiting list, or refuse insurance coverage for any procedure related to organ transplants solely on the basis of individual disability (Sec. 130A-413.3).

• Authorizes healthcare providers to take an individual’s disability into account when making treatment or coverage recommendations when the disability is found to be medically significant to an organ transplant or anatomical gift (Sec. 130A-413.3).

• Prohibits healthcare providers from considering an individual’s inability to independently comply with post-treatment care medically significant if the individual has access to a support network that enables them to comply (Sec. 130A-413.3).

• Requires healthcare provides to modify their policies, practices, and procedures to allow disabled individuals to access necessary services unless such modifications would fundamentally change those services (Sec. 130A-413.3).

• Specifies that healthcare providers must ensure that individuals with disabilities are not denied access to organ transplantation services unless doing so would alter the nature of those services or result in an undue burden for the healthcare provider (Sec. 130A-413.3).

• Prohibits insurers that offer coverage for anatomical gifts or organ transplants from denying coverage to an individual solely based on that individual’s disability (Sec. 58-3-356).

• Specifies that insurers may not prevent individuals from enrolling or re-enrolling in a health benefit plan solely on the basis of disability (Sec. 58-3-356).

• Prohibits insurers from inducing healthcare providers to provide care not in keeping with this section by either limiting or reducing the reimbursement of a healthcare provider or providing incentives to a healthcare provider (Sec. 58-3-356).

• Prohibits insurers from reducing or limiting health benefit plan coverage to an insured individual for necessary organ transplantation services (Sec. 58-3-356).

Full Bill Text