Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1556 Ì844372,Î844372 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/11/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 765.523, Florida Statutes, is created to 6 read: 7 765.523 Discrimination in access to anatomical gifts and 8 organ transplants prohibited.— 9 (1) As used in this section, the term: 10 (a) “Auxiliary aids and services” means: 11 1. Qualified interpreters or other effective methods of 12 making aurally delivered materials available to individuals with 13 hearing impairments. 14 2. Qualified readers, recorded texts, texts in an 15 accessible electronic format, or other effective methods of 16 making visually delivered materials available to individuals 17 with visual impairments. 18 3. Supported decisionmaking services, including any of the 19 following: 20 a. The use of a support person to assist an individual in 21 making medical decisions, communicating information to the 22 individual, or ascertaining his or her wishes. 23 b. The provision of information to a person designated by 24 the individual, consistent with federal and state laws governing 25 the disclosure of health information. 26 c. Measures used to ensure that the individual’s guardian 27 or legal representative, if any, is included in decisions 28 involving the individual’s health care and that medical 29 decisions are in accordance with the individual’s own expressed 30 interests. 31 d. Any other aid or service that is used to provide 32 information in a format that is readily understandable and 33 accessible to individuals with cognitive, neurological, 34 developmental, or intellectual disabilities. 35 (b) “Covered entity” means any of the following: 36 1. A licensed health care practitioner as defined in s. 37 456.001. 38 2. A health care facility as defined in s. 408.07. 39 3. Any other entity responsible for potential recipients of 40 an anatomical gift or organ transplant. 41 (c) “Disability” has the same meaning as “developmental 42 disability” and “intellectual disability” as those terms are 43 defined in s. 393.063. 44 (d) “Organ transplant” means the transplantation or 45 transfusion of a part of a human body into the body of another 46 individual for the purpose of treating or curing a medical 47 condition. 48 (e) “Qualified individual” means an individual who has a 49 disability and meets the clinical eligibility requirements for 50 the receipt of an anatomical gift or an organ transplant, 51 regardless of: 52 1. The support networks available to the individual; 53 2. The provision of auxiliary aids and services; or 54 3. Reasonable modifications to the policies, practices, or 55 procedures of a covered entity pursuant to subsection (4). 56 (2) A covered entity may not do any of the following solely 57 on the basis of an individual’s disability: 58 (a) Consider a qualified individual ineligible to receive 59 an anatomical gift or organ transplant. 60 (b) Deny medical or other services related to an organ 61 transplant, including evaluation, surgery, counseling, and 62 posttransplant treatment and services. 63 (c) Refuse to refer the individual to an organ procurement 64 organization or a related specialist for the purpose of 65 evaluation or receipt of an organ transplant. 66 (d) Refuse to place a qualified individual on an organ 67 transplant waiting list. 68 (e) Place a qualified individual at a lower priority 69 position on an organ transplant waiting list than the position 70 at which the qualified individual would have been placed if not 71 for the disability. 72 (3)(a) A covered entity may take an individual’s disability 73 into account if, following an individualized evaluation of him 74 or her, a physician finds the individual’s disability to be 75 medically significant to the provision of the anatomical gift or 76 organ transplant, but only to the extent that the covered entity 77 is making treatment or coverage recommendations or decisions for 78 the individual. 79 (b) If an individual has the necessary support system to 80 assist him or her in complying with posttransplant medical 81 requirements, a covered entity may not consider the individual’s 82 inability to independently comply with the posttransplant 83 medical requirements to be medically significant for the 84 purposes of paragraph (a). 85 (4) A covered entity shall make reasonable modifications to 86 policies, practices, or procedures when the modifications are 87 necessary to allow an individual with a disability access to 88 services, including transplant-related counseling, information, 89 coverage, or treatment, unless the covered entity can 90 demonstrate that making the modifications would fundamentally 91 alter the nature of the services. Such modifications shall 92 include, but not be limited to, communication with the persons 93 responsible for supporting the individual with his or her 94 postsurgical and posttransplant care, including medication. Such 95 modifications shall also consider the support networks available 96 to the individual, including, but not limited to, family, 97 friends, and home and community-based services coverage when 98 determining whether the individual is able to comply with 99 posttransplant medical requirements. 100 (5) A covered entity shall take such steps as may be 101 necessary to ensure that an individual with a disability is not 102 denied services, including transplant-related counseling, 103 information, coverage, or treatment, due to the absence of 104 auxiliary aids and services, unless the covered entity can 105 demonstrate that taking the steps would fundamentally alter the 106 nature of the services being offered or would result in an undue 107 burden on the covered entity. 108 (6) If a covered entity violates this section, the 109 qualified individual who is affected by the violation may bring 110 an action in the appropriate circuit court for injunctive or 111 other equitable relief. 112 (7) This section may not be construed to require a covered 113 entity to make a referral or recommendation for or perform a 114 medically inappropriate organ transplant. 115 Section 2. Section 627.64197, Florida Statutes, is created 116 to read: 117 627.64197 Coverage for organ transplants.—A health 118 insurance policy issued, delivered, or renewed on or after July 119 1, 2020, in this state by an insurer which provides coverage for 120 organ transplants on an expense-incurred basis may not deny 121 coverage for an organ transplant solely on the basis of an 122 insured’s disability. This section may not be construed to 123 require such insurer to provide coverage for an organ transplant 124 that is not medically necessary. For purposes of this section, 125 the term “organ transplant” has the same meaning as in s. 126 765.523. 127 Section 3. Section 627.65736, Florida Statutes, is created 128 to read: 129 627.65736 Coverage for organ transplants.—A group health 130 insurance policy delivered, issued, or renewed on or after July 131 1, 2020, in this state by an insurer or nonprofit health care 132 services plan which provides coverage for organ transplants on 133 an expense-incurred basis may not deny coverage for an organ 134 transplant solely on the basis of an insured’s disability. This 135 section may not be construed to require such insurer or 136 nonprofit health care service plan to provide coverage for an 137 organ transplant that is not medically necessary. For purposes 138 of this section, the term “organ transplant” has the same 139 meaning as in s. 765.523. 140 Section 4. Section 641.31075, Florida Statutes, is created 141 to read: 142 641.31075 Coverage for organ transplants.—A health 143 maintenance contract issued or renewed on or after July 1, 2020, 144 in this state by a health maintenance organization which 145 provides coverage for organ transplants may not deny coverage 146 for an organ transplant solely on the basis of a subscriber’s 147 disability. This section may not be construed to require such 148 health maintenance organization to provide coverage for an organ 149 transplant that is not medically necessary. For purposes of this 150 section, the term “organ transplant” has the same meaning as in 151 s. 765.523. 152 Section 5. This act shall take effect July 1, 2020. 153 154 ================= T I T L E A M E N D M E N T ================ 155 And the title is amended as follows: 156 Delete everything before the enacting clause 157 and insert: 158 A bill to be entitled 159 An act relating to nondiscrimination in organ 160 transplants; creating s. 765.523, F.S.; defining 161 terms; prohibiting certain entities from making 162 certain determinations or engaging in certain actions 163 related to organ transplants solely on the basis of an 164 individual’s disability; specifying an instance where 165 certain entities may consider an individual’s 166 disability, with an exception; requiring certain 167 entities to make reasonable modifications in their 168 policies, practices, and procedures under certain 169 circumstances, with an exception; providing criteria 170 for such modifications; requiring certain entities to 171 take certain necessary steps to ensure an individual 172 with a disability is not denied services, with 173 exceptions; providing a cause of action for injunctive 174 and other relief; providing construction; creating ss. 175 627.64197, 627.65736, and 641.31075, F.S.; prohibiting 176 insurers, nonprofit health care service plans, and 177 health maintenance organizations that provide coverage 178 for organ transplants from denying coverage solely on 179 the basis of an individual’s disability under certain 180 circumstances; providing construction; defining the 181 term “organ transplant”; providing an effective date.