Oklahoma § 63-2200.30 - Application of act – Consideration of factors by

§ 63-2200.30. Application of act – Consideration of factors by

covered entities.

A. The provisions of this section shall apply to all stages of

the organ transplant process.

B. A covered entity shall not, solely on the basis of an

individual's disability:

1. Consider the individual ineligible to receive an anatomical

gift or organ transplant;

2. Deny medical services or other services related to organ

transplantation including diagnostic services, evaluation, surgery,

counseling, post-operative treatment and services;

3. 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;

4. Refuse to place a qualified recipient on an organ transplant

waiting list;

5. Place a qualified recipient on an organ transplant waiting

list at a lower priority position than the position at which the

individual would have been placed if the individual did not have a

disability; or

6. Refuse to accept health insurance coverage for any procedure

associated with being evaluated for or receiving an anatomical gift

or organ transplant including post-transplantation and posttransfusion care.

C. Notwithstanding subsection B of this section, a covered

entity may take an individual's disability into account when making

treatment or coverage recommendations or decisions, solely to the

extent that the disability has been found by a physician or surgeon,

following an individualized evaluation of the individual, to be

medically significant to the receipt of the anatomical gift.

D. If an individual has the necessary support system to assist

the individual in complying with post-transplant medical

requirements, a covered entity shall not consider the individual's

inability to independently comply with post-transplant medical

requirements to be medically significant for the purposes of

subsection C of this section.

E. A covered entity shall make reasonable modifications to its

policies, practices or procedures to allow individuals with

disabilities access to transplantation-related services including

diagnostic services, surgery, coverage, post-operative treatment and

counseling, unless the entity can demonstrate that making such

modifications would fundamentally alter the nature of such services.

F. A covered entity shall take steps necessary to ensure that

an individual with a disability is not 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

Oklahoma Statutes - Title 63. Public Health and Safety

demonstrates that taking the 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.

G. Nothing in this section shall be construed to require a

covered entity to make a referral or recommendation for or perform a

medically inappropriate organ transplant.

H. A covered entity shall otherwise comply with the

requirements of Titles II and III of the Americans with Disabilities

Act of 1990, as amended by the ADA Amendments Act of 2008.

Added by Laws 2021, c. 87, § 3, eff. Nov. 1, 2021.