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AN ACT
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relating to prohibiting organ transplant recipient discrimination |
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on the basis of certain disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter S, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER S. ALLOCATION OF KIDNEYS AND OTHER ORGANS AVAILABLE FOR |
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TRANSPLANT |
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SECTION 2. Section 161.471, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.471. DEFINITIONS [DEFINITION]. In this |
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subchapter: |
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(1) "Auxiliary aids and services" means: |
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(A) qualified interpreters or other effective |
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methods of making aurally delivered materials available to |
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individuals with hearing impairments; |
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(B) qualified readers, taped texts, or other |
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effective methods of making visually delivered materials available |
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to individuals with visual impairments; |
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(C) provision of information in a format readily |
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accessible and understandable to individuals with cognitive, |
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neurological, developmental, or intellectual disabilities; |
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(D) acquisition or modification of equipment or |
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devices; and |
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(E) other services and actions similar to those |
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described by Paragraphs (A), (B), (C), and (D). |
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(2) "Disability" has the meaning assigned by the |
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Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et |
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seq.). |
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(3) "Health care facility" means a facility licensed, |
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certified, or otherwise authorized to provide health care in the |
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ordinary course of business, including a hospital, nursing |
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facility, laboratory, intermediate care facility, mental health |
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facility, transplant center, and any other facility for individuals |
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with intellectual or developmental disabilities. |
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(4) "Health care provider" means an individual or |
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facility licensed, certified, or otherwise authorized to provide |
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health care in the ordinary course of business or professional |
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practice, including a physician, hospital, nursing facility, |
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laboratory, intermediate care facility, mental health facility, |
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transplant center, and any other facility for individuals with |
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intellectual or developmental disabilities. |
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(5) "Organ [, "organ] procurement organization" means |
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an organization that is a qualified organ procurement organization |
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under 42 U.S.C. Section 273 that is currently certified or |
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recertified in accordance with that federal law. |
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SECTION 3. Subchapter S, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.473 to read as follows: |
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Sec. 161.473. DISCRIMINATION ON BASIS OF DISABILITY |
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PROHIBITED. (a) A health care provider may not, solely on the |
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basis of an individual's disability: |
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(1) determine an individual is ineligible to receive |
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an organ transplant; |
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(2) deny medical or other services related to an organ |
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transplant, including evaluation, surgery, counseling, and |
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postoperative treatment; |
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(3) refuse to refer the individual to a transplant |
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center or other related specialist for evaluation or receipt of an |
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organ transplant; or |
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(4) refuse to place the individual on an organ |
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transplant waiting list or place the individual at a position lower |
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in priority on the list than the position the individual would have |
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been placed if not for the individual's disability. |
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(b) Notwithstanding Subsection (a), a health care provider |
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may consider an individual's disability when making a treatment |
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recommendation or decision solely to the extent that a physician, |
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following an individualized evaluation of the potential transplant |
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recipient, determines the disability is medically significant to |
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the organ transplant. This section does not require a referral or |
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recommendation for, or the performance of, a medically |
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inappropriate organ transplant. |
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(c) A health care provider may not consider an individual's |
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inability to independently comply with post-transplant medical |
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requirements as medically significant for the purposes of |
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Subsection (b) if the individual has: |
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(1) a known disability; and |
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(2) the necessary support system to assist the |
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individual in reasonably complying with the requirements. |
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(d) A health care facility shall make reasonable |
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modifications in policies, practices, or procedures as necessary to |
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allow individuals with a disability access to organ |
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transplant-related services, including transplant-related |
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counseling, information, or treatment, unless the health care |
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facility can demonstrate that making the modifications would |
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fundamentally alter the nature of the services or would impose an |
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undue hardship on the facility. Reasonable modifications in |
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policies, practices, and procedures may include: |
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(1) communicating with persons supporting or |
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assisting with the individual's postsurgical and post-transplant |
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care, including medication; and |
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(2) considering the support available to the |
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individual in determining whether the individual is able to |
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reasonably comply with post-transplant medical requirements, |
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including support provided by: |
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(A) family; |
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(B) friends; or |
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(C) home and community-based services, including |
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home and community-based services funded by: |
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(i) Medicaid; |
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(ii) Medicare; |
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(iii) a health plan in which the individual |
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is enrolled; or |
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(iv) any other program or source of funding |
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available to the individual. |
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(e) A health care provider shall make reasonable efforts to |
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comply with the policies, practices, and procedures, as applicable, |
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developed by a health care facility under Subsection (d), as |
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necessary to allow an individual with a known disability access to |
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organ transplant-related services, including transplant-related |
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counseling, information, or treatment, unless the health care |
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provider can demonstrate that compliance would fundamentally alter |
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the nature of the services or would impose an undue hardship on the |
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health care provider. |
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(f) A health care provider shall make reasonable efforts to |
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provide auxiliary aids and services to an individual with a known |
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disability seeking organ transplant-related services, including |
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organ transplant-related counseling, information, or treatment, as |
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necessary to allow the individual access to those services, unless |
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the health care provider can demonstrate that providing the |
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transplant-related services with auxiliary aids and services |
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present would fundamentally alter the transplant-related services |
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provided or would impose an undue hardship on the health care |
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provider. |
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(g) A health care provider shall comply with the |
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requirements of the Americans with Disabilities Act of 1990 (42 |
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U.S.C. Section 12101 et seq.) to the extent that Act applies to a |
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health care provider. This subsection may not be construed to |
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require a health care provider to comply with that Act if the Act |
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does not otherwise require compliance by the health care provider. |
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(h) This section applies to each stage of the organ |
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transplant process. |
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(i) A violation of this section is grounds for disciplinary |
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action by the regulatory agency that issued a license, certificate, |
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or other authority to a health care provider who committed the |
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violation. Before a regulatory agency may take disciplinary action |
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against a health care provider for a violation, the applicable |
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regulatory agency shall: |
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(1) notify the health care provider of the agency's |
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finding that the health care provider has violated or is violating |
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this section or a rule adopted under this section; and |
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(2) provide the health care provider with an |
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opportunity to correct the violation without penalty or reprimand. |
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(j) A physician who in good faith makes a determination that |
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an individual's disability is medically significant to the organ |
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transplant, as described by Subsection (b), does not violate this |
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section. |
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(k) A health care provider who in good faith makes a |
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treatment recommendation or decision on the basis of a physician's |
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determination that an individual's disability is medically |
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significant to the organ transplant, as described by Subsection |
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(b), does not violate this section. |
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SECTION 4. Not later than January 1, 2022, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt any rules necessary to implement Subchapter S, Chapter 161, |
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Health and Safety Code, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 119 was passed by the House on March |
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25, 2021, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 119 on May 3, 2021, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 119 was passed by the Senate, with |
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amendments, on April 29, 2021, by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |