                                 CODE OF VIRGINIA

DISCRIMINATION PROHIBITED (§ 32.1-297.2)

A. As used in this section:
			&#8220;Auxiliary aids or services&#8221; means an aid or service that is used
to provide information to an individual with a cognitive, developmental,
intellectual, neurological, or physical disability in a format or manner that
allows the individual to better understand the information. &#8220;Auxiliary
aids or services&#8221; includes (i) qualified interpreters or other effective
methods of making aurally delivered materials available to persons with hearing
impairments; (ii) qualified readers, taped texts, texts in accessible electronic
format, or other effective methods of making visually delivered materials
available to persons with visual impairments; (iii) supported decision-making
services, including (a) use of a support individual to communicate information
to the individual with a disability, ascertain the wishes of the individual, or
assist the individual in making decisions; (b) disclosure of information to a
legal guardian, authorized representative, or another individual designated by
the individual with a disability for such purpose, as long as the disclosure is
consistent with state and federal law; and (c) if an individual has a
court-appointed guardian or other individual responsible for making medical
decisions on behalf of the individual, any measures used to ensure that the
individual is included in decisions involving the individual&#8217;s health care
and that medical decisions are made in accordance with the individual&#8217;s
own expressed interests; and (iv) any other aid or service that is used to
provide information in a format that is easily understandable and accessible to
individuals with cognitive, developmental, intellectual, neurological, or
physical disability, including assistive communication technology.
			&#8220;Covered entity&#8221; means any licensed provider of health care
services, including any health care practitioner licensed by a health regulatory
board of the Department of Health Professions, hospital, nursing facility,
laboratory, intermediate care facility, psychiatric residential treatment
facility, institution for individuals with intellectual or developmental
disabilities, or prison health center, and any entity responsible for matching
anatomical gift donors to potential recipients.
			&#8220;Eligible individual&#8221; means an individual who is a candidate to
receive an anatomical gift for transplantation and who is otherwise eligible to
receive an anatomical gift for transplantation, with or without auxiliary aids
and services.
			&#8220;Eligible individual with a disability&#8221; means an eligible
individual with a cognitive, developmental, intellectual, neurological, or
physical disability.
			&#8220;Services related to organ, eye, or tissue transplantation&#8221; means
referral to a transplant center or specialist; inclusion on an organ, eye, or
tissue transplantation waiting list; evaluation; surgery and related health care
services; counseling; or post-transplantation treatment and services related to
organ, eye, or tissue transplantation.

B. An eligible individual shall not be deemed ineligible to receive an
anatomical gift or denied services related to organ, eye, or tissue
transplantation solely because he is an eligible individual with a disability.
However, an eligible individual may be deemed ineligible to receive an
anatomical gift or denied services related to organ, eye, or tissue
transplantation to the extent that his cognitive, developmental, intellectual,
neurological, or physical disability has been determined by a health care
provider, following an individualized evaluation, to be medically significant to
the provision of the anatomical gift for organ, eye, or tissue transplantation.

C. If an eligible individual with a disability has the necessary support system
to assist the individual in complying with post-transplantation medical
requirements, his inability to independently comply with such
post-transplantation medical requirements shall not be deemed to be medically
significant.

D. No covered entity shall (i) place an eligible individual with a disability on
an organ transplant waiting list at a position lower in priority than the
position at which the eligible individual with a disability would have been
placed if he did not have a disability or (ii) refuse insurance coverage for any
services related to organ, eye, or tissue transplantation provided to an
eligible individual with a disability.

E. A covered entity shall (i) make reasonable modifications to its policies,
practices, or procedures to allow eligible individuals with disabilities access
to services related to organ, eye, or tissue transplantation and (ii) take all
steps necessary to ensure that an eligible individual with a disability is not
denied medical services or services related to organ, eye, or tissue
transplantation due to the absence of auxiliary aids or services. A covered
entity shall not be required to comply with clause (ii) if the covered entity
demonstrates that taking such steps would fundamentally alter the nature of the
medical services or other services related to organ, eye, or tissue
transplantation or would result in an undue burden for the covered entity.

F. In cases in which a violation of this section is alleged to have occurred, a
petition shall be filed in the circuit court for the jurisdiction in which the
violation is alleged to have occurred or in which the individual is located. Any
petition filed pursuant to this subsection shall be given priority on the
docket. Any order of the court entered on such petition may grant injunctive
relief, including (i) requiring auxiliary aids or services to be made available
to an eligible individual with a disability; (ii) requiring the modification of
a policy, practice, or procedure of a covered entity; or (iii) requiring that
facilities be made accessible to and usable by an eligible individual with a
disability.

G. The provisions of this section shall apply to each part of the anatomical
gift and organ, eye, or tissue transplantation process.

H. The provisions of this section shall not be construed to require the
provision of medically inappropriate services related to organ, eye, or tissue
transplantation.

HISTORY: 2020, cc. 217, 218.