Florida Senate - 2020                             CS for SB 1556
       
       
        
       By the Committee on Banking and Insurance; and Senator Bean
       
       
       
       
       
       597-03516-20                                          20201556c1
    1                        A bill to be entitled                      
    2         An act relating to nondiscrimination in organ
    3         transplants; creating s. 765.523, F.S.; defining
    4         terms; prohibiting certain entities from making
    5         certain determinations or engaging in certain actions
    6         related to organ transplants solely on the basis of an
    7         individual’s disability; specifying an instance where
    8         certain entities may consider an individual’s
    9         disability, with an exception; requiring certain
   10         entities to make reasonable modifications in their
   11         policies, practices, and procedures under certain
   12         circumstances, with an exception; providing criteria
   13         for such modifications; requiring certain entities to
   14         take certain necessary steps to ensure an individual
   15         with a disability is not denied services, with
   16         exceptions; providing a cause of action for injunctive
   17         and other relief; providing construction; creating ss.
   18         627.64197, 627.65736, and 641.31075, F.S.; prohibiting
   19         insurers, nonprofit health care service plans, and
   20         health maintenance organizations that provide coverage
   21         for organ transplants from denying coverage solely on
   22         the basis of an individual’s disability under certain
   23         circumstances; providing construction; defining the
   24         term “organ transplant”; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 765.523, Florida Statutes, is created to
   29  read:
   30         765.523Discrimination in access to anatomical gifts and
   31  organ transplants prohibited.—
   32         (1)As used in this section, the term:
   33         (a)“Auxiliary aids and services” means:
   34         1.Qualified interpreters or other effective methods of
   35  making aurally delivered materials available to individuals with
   36  hearing impairments.
   37         2.Qualified readers, recorded texts, texts in an
   38  accessible electronic format, or other effective methods of
   39  making visually delivered materials available to individuals
   40  with visual impairments.
   41         3.Supported decisionmaking services, including any of the
   42  following:
   43         a.The use of a support person to assist an individual in
   44  making medical decisions, communicating information to the
   45  individual, or ascertaining his or her wishes.
   46         b.The provision of information to a person designated by
   47  the individual, consistent with federal and state laws governing
   48  the disclosure of health information.
   49         c.Measures used to ensure that the individual’s guardian
   50  or legal representative, if any, is included in decisions
   51  involving the individual’s health care and that medical
   52  decisions are in accordance with the individual’s own expressed
   53  interests.
   54         d.Any other aid or service that is used to provide
   55  information in a format that is readily understandable and
   56  accessible to individuals with cognitive, neurological,
   57  developmental, or intellectual disabilities.
   58         (b)“Covered entity” means any of the following:
   59         1.A licensed health care practitioner as defined in s.
   60  456.001.
   61         2.A health care facility as defined in s. 408.07.
   62         3.Any other entity responsible for potential recipients of
   63  an anatomical gift or organ transplant.
   64         (c)“Disability” has the same meaning as “developmental
   65  disability” and “intellectual disability” as those terms are
   66  defined in s. 393.063.
   67         (d)“Organ transplant” means the transplantation or
   68  transfusion of a part of a human body into the body of another
   69  individual for the purpose of treating or curing a medical
   70  condition.
   71         (e)“Qualified individual” means an individual who has a
   72  disability and meets the clinical eligibility requirements for
   73  the receipt of an anatomical gift or an organ transplant,
   74  regardless of:
   75         1.The support networks available to the individual;
   76         2.The provision of auxiliary aids and services; or
   77         3.Reasonable modifications to the policies, practices, or
   78  procedures of a covered entity pursuant to subsection (4).
   79         (2)A covered entity may not do any of the following solely
   80  on the basis of an individual’s disability:
   81         (a)Consider a qualified individual ineligible to receive
   82  an anatomical gift or organ transplant.
   83         (b)Deny medical or other services related to an organ
   84  transplant, including evaluation, surgery, counseling, and
   85  posttransplant treatment and services.
   86         (c)Refuse to refer the individual to an organ procurement
   87  organization or a related specialist for the purpose of
   88  evaluation or receipt of an organ transplant.
   89         (d)Refuse to place a qualified individual on an organ
   90  transplant waiting list.
   91         (e)Place a qualified individual at a lower priority
   92  position on an organ transplant waiting list than the position
   93  at which the qualified individual would have been placed if not
   94  for the disability.
   95         (3)(a)A covered entity may take an individual’s disability
   96  into account if, following an individualized evaluation of him
   97  or her, a physician finds the individual’s disability to be
   98  medically significant to the provision of the anatomical gift or
   99  organ transplant, but only to the extent that the covered entity
  100  is making treatment or coverage recommendations or decisions for
  101  the individual.
  102         (b)If an individual has the necessary support system to
  103  assist him or her in complying with posttransplant medical
  104  requirements, a covered entity may not consider the individual’s
  105  inability to independently comply with the posttransplant
  106  medical requirements to be medically significant for the
  107  purposes of paragraph (a).
  108         (4)A covered entity shall make reasonable modifications to
  109  policies, practices, or procedures when the modifications are
  110  necessary to allow an individual with a disability access to
  111  services, including transplant-related counseling, information,
  112  coverage, or treatment, unless the covered entity can
  113  demonstrate that making the modifications would fundamentally
  114  alter the nature of the services. Such modifications shall
  115  include, but not be limited to, communication with the persons
  116  responsible for supporting the individual with his or her
  117  postsurgical and posttransplant care, including medication. Such
  118  modifications shall also consider the support networks available
  119  to the individual, including, but not limited to, family,
  120  friends, and home and community-based services coverage when
  121  determining whether the individual is able to comply with
  122  posttransplant medical requirements.
  123         (5)A covered entity shall take such steps as may be
  124  necessary to ensure that an individual with a disability is not
  125  denied services, including transplant-related counseling,
  126  information, coverage, or treatment, due to the absence of
  127  auxiliary aids and services, unless the covered entity can
  128  demonstrate that taking the steps would fundamentally alter the
  129  nature of the services being offered or would result in an undue
  130  burden on the covered entity.
  131         (6)If a covered entity violates this section, the
  132  qualified individual who is affected by the violation may bring
  133  an action in the appropriate circuit court for injunctive or
  134  other equitable relief.
  135         (7)This section may not be construed to require a covered
  136  entity to make a referral or recommendation for or perform a
  137  medically inappropriate organ transplant.
  138         Section 2. Section 627.64197, Florida Statutes, is created
  139  to read:
  140         627.64197Coverage for organ transplants.—A health
  141  insurance policy issued, delivered, or renewed on or after July
  142  1, 2020, in this state by an insurer which provides coverage for
  143  organ transplants on an expense-incurred basis may not deny
  144  coverage for an organ transplant solely on the basis of an
  145  insured’s disability. This section may not be construed to
  146  require such insurer to provide coverage for an organ transplant
  147  that is not medically necessary. For purposes of this section,
  148  the term “organ transplant” has the same meaning as in s.
  149  765.523.
  150         Section 3. Section 627.65736, Florida Statutes, is created
  151  to read:
  152         627.65736Coverage for organ transplants.—A group health
  153  insurance policy delivered, issued, or renewed on or after July
  154  1, 2020, in this state by an insurer or nonprofit health care
  155  services plan which provides coverage for organ transplants on
  156  an expense-incurred basis may not deny coverage for an organ
  157  transplant solely on the basis of an insured’s disability. This
  158  section may not be construed to require such insurer or
  159  nonprofit health care service plan to provide coverage for an
  160  organ transplant that is not medically necessary. For purposes
  161  of this section, the term “organ transplant” has the same
  162  meaning as in s. 765.523.
  163         Section 4. Section 641.31075, Florida Statutes, is created
  164  to read:
  165         641.31075Coverage for organ transplants.—A health
  166  maintenance contract issued or renewed on or after July 1, 2020,
  167  in this state by a health maintenance organization which
  168  provides coverage for organ transplants may not deny coverage
  169  for an organ transplant solely on the basis of a subscriber’s
  170  disability. This section may not be construed to require such
  171  health maintenance organization to provide coverage for an organ
  172  transplant that is not medically necessary. For purposes of this
  173  section, the term “organ transplant” has the same meaning as in
  174  s. 765.523.
  175         Section 5. This act shall take effect July 1, 2020.