Colorado § 25-56-104.5 - Prohibition on discrimination for organ transplants based solely on natural medicine consumption - applicability - definitions.

§ 25-56-104.5. Prohibition on discrimination for organ transplants based solely on natural medicine consumption - applicability - definitions.

(1) This article 56 applies to all stages of the organ transplant process.

(2) A covered entity shall not, solely on the basis of a person's consumption of natural medicine or natural medicine product:

(a) Consider the individual ineligible to receive an anatomical gift or organ transplant;

(b) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services;

(c) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;

(d) Refuse to place a qualified recipient on an organ transplant waiting list; or

(e) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the person would have been placed if the person did not consume natural medicine or natural medicine product.

(3) Notwithstanding subsection (2) of this section, a covered entity may take a person's consumption of natural medicine or natural medicine product into account when making treatment or coverage recommendations or decisions, solely to the extent that the natural medicine or natural medicine product consumption has been found by a physician or surgeon, following an individualized evaluation of the person, to be medically significant to the provision of the anatomical gift or organ transplant.

(4) A covered entity shall:

(a) Make reasonable modifications to its policies, practices, and procedures to allow a person who consumes natural medicine or natural medicine product access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity demonstrates that making such modifications would fundamentally alter the nature of the services provided; and

(b) Take reasonable and necessary steps to ensure that a person's consumption of natural medicine or natural medicine product is not the reason the person is denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.

(5) Nothing in this article 56 requires a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.

(6) As used in this section:

(a) "Natural medicine" has the same meaning as set forth in section 44-50-103 (13).

(b) "Natural medicine product" has the same meaning as set forth in section 44-50-103 (15).

Source: L. 2023: Entire section added, (SB 23-290), ch. 249, p. 1422, § 40, effective July 1. L. 2024: (6) added, (SB 24-198), ch. 452, p. 3141, § 7, effective June 6.

Editor's note: This section is similar to former § 12-170-109 (7) as it existed prior to 2023.