Charlotte Woodward Organ Transplant Discrimination Prevention Act

Prevention of Discrimination: Covered entities are prohibited from determining an individual is ineligible, denying them a transplant or related services, refusing referrals, or refusing to place them on a waiting list solely based on a disability (Section 4(a)).

Access through Reasonable Modifications: Entities must make reasonable modifications to their policies or practices to make transplants and related services available to qualified individuals, provided it does not fundamentally alter the nature of the policies (Section 4(c)).

Protection against Denials due to Missing Aids: A qualified individual cannot be denied a procedure simply because auxiliary aids and services are absent, unless the entity can prove it would fundamentally alter the procedure or cause an undue burden (Section 4(d)(1)).

Inclusion of Support Networks: The bill allows for the consideration of support networks—including family, friends, or community members—to help a person comply with health requirements, ensuring that an inability to comply independently is not used to deny care (Section s 2(7)(B) and 4(b)(2)).

Empowerment through Supported Decision-Making: The act recognizes "supported decision-making," which allows individuals to use a support person to assist in making health care decisions, communicating information, or processing health-related information (Section 2(9)).

Legal Recourse: Individuals who believe they have been subjected to a violation can bring a claim to the Office for Civil Rights of the Department of Health and Human Services for expedited resolution (Section 4(e)(1)).

Medical Exceptions for Decision Making: A covered entity may still take a disability into account if a physician determines through an individualized evaluation that the disability is medically significant to the receipt of the transplant or related services (Section 4(b)(1)(A)).

Limitations on Modifications: An entity is not required to make modifications if they can demonstrate that doing so would fundamentally alter the nature of their policies or practices (Section 4(c)).

Limitations on Auxiliary Aids: An entity may deny a procedure if they can demonstrate that providing necessary auxiliary aids and services would fundamentally alter the procedure or result in an undue burden (Section 4(d)(1)).