Oklahoma § 63-2200.29 - Definitions

§ 63-2200.29. Definitions

As used in this act:

1. "Anatomical gift" means a donation of all or part of a human

body to take effect after the donor's death for the purpose of

transplantation or transfusion;

2. "Auxiliary aids or services" means an aid or service that is

used to provide information to an individual with a cognitive,

developmental, intellectual, neurological or physical disability and

is available in a format or manner that allows the individual to

better understand the information. An auxiliary aid or service may

include:

a.

qualified interpreters or other effective methods of

making aurally delivered materials available to

persons with hearing impairments,

b.

qualified readers, taped texts, texts in accessible

electronic format or other effective methods of making

visually delivered materials available to persons with

visual impairments,

c.

supported decision-making services, including:

(1) the 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,

(2) the 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 including the Health Insurance Portability

and Accountability Act of 1996, 42 U.S.C. 1320d

et seq. and any regulations promulgated by the

United States Department of Health and Human

Services to implement the act,

(3) 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's health care and that medical

decisions are in accordance with the individual's

own expressed interests, or

Oklahoma Statutes - Title 63. Public Health and Safety

(4)

any other aid or service that is used to provide

information in a format that is easily

understandable and accessible to individuals with

cognitive, neurological, developmental or

intellectual disabilities, including assistive

communication technology;

3. "Covered entity" means:

a.

any licensed provider of health care services

including licensed health care practitioners,

hospitals, nursing facilities, laboratories,

intermediate care facilities, psychiatric residential

treatment facilities, institutions for individuals

with intellectual or developmental disabilities and

prison health centers, or

b.

any entity responsible for matching anatomical gift

donors to potential recipients;

4. "Disability" has the meaning stated in the Americans with

Disabilities Act of 1990, as amended by the ADA Amendments Act of

2008, 42 U.S.C. § 12102;

5. "Organ transplant" means the transplantation or transfusion

of a part of a human body into the body of another for the purpose

of treating or curing a medical condition; and

6. "Qualified recipient" means an individual who has a

disability and meets the essential eligibility requirements for the

receipt of an anatomical gift with or without any of the following:

a.

individuals or entities available to support and

assist the individual with an anatomical gift or

transplantation,

b.

auxiliary aids or services, or

c.

reasonable modifications to the policies, practices or

procedures of a covered entity including modifications

to allow for either or both of the following:

(1) communication with one or more individuals or

entities available to support or assist with the

recipient's care and medication after surgery or

transplantation, or

(2) consideration of support networks available to

the individual including family, friends and home

and community-based services including home and

community-based services funded through Medicaid,

Medicare, another health plan in which the

individual is enrolled or any program or source

of funding available to the individual, when

determining whether the individual is able to

comply with post-transplant medical requirements.

Added by Laws 2021, c. 87, § 2, eff. Nov. 1, 2021.

Oklahoma Statutes - Title 63. Public Health and Safety