What This Statute Says
The statute mirrors federal disability protections in the specific context of organ transplantation.
A. A health care provider may not, solely on the basis of an individual's disability, do any of the following:
1. Determine that the individual is ineligible to receive an organ transplant.
2. Deny the individual medical or other services related to an organ transplant, including evaluation, surgery, counseling and postoperative treatment.
3. Refuse to refer the individual to a transplant hospital or other related specialist for evaluation or receipt of an organ transplant.
4. Refuse to place the individual on an organ transplant waiting list or place the individual at a position lower in priority on the list than the position the individual would be placed if not for the individual's disability.
5. Decline insurance coverage for the individual for any procedure associated with the receipt of an organ transplant or for related services if the procedure or services would be covered under such insurance for the individual if not for the individual's disability.
Subsection B preserves the ability of a physician to consider disability when individualized medical evaluation finds the disability is medically significant to the transplant. Subsection C provides that inability to independently comply with post-transplant medical requirements is not, by itself, medically significant if support is available.
When This Statute Comes Into Play
The protection applies anytime a person with a disability is being evaluated for organ transplantation. Common situations include:
- An adult with Down syndrome being evaluated for kidney transplant.
- A person with autism evaluated for liver transplantation.
- A child with developmental disability needing a heart transplant.
The statute requires that any consideration of disability be tied to an individualized medical evaluation, not a blanket policy.
What This Means for Arizona Families
If you or a loved one has a disability and needs an organ transplant, this statute protects access. A hospital cannot refuse to evaluate, place on a list, or treat based on the disability itself. The hospital may consider disability only when an individualized medical evaluation finds that the disability is medically significant to the specific transplant.
The companion enforcement provision (section 36-850.02) provides a civil-action remedy if a provider violates the rule. Our FAQ on organizing your estate planning documents covers related advance-planning topics. For families with a member who has a disability, this protection means that medical-necessity decisions about transplantation must be individualized, not categorical, and that auxiliary aids and services like those defined in healthcare directive contexts must be made available to support the patient's care.