Kentucky Statutes 311.1965 – Discrimination against anatomical organ transplantation due to disability — Considerations — Cause of action — Construction
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(1) As used in this section:
(a) “Disability” has the same meaning as in KRS § 12.450; and
(b) “Health care provider” has the same meaning as in KRS § 304.17A-005.
(2) A health care provider in this state shall not discriminate against an individual who has a disability based solely on the individual’s disability when providing health care and other services related to an anatomical gift donation as the individual’s insurance coverage allows. Discriminating against an individual’s disability includes but is not limited to:
(a) Refusing to transplant an anatomical gift in the individual based solely on the individual’s disability;
(b) Subject to subsection (3) of this section, refusing to transplant an anatomical gift in the individual based on an assessment that the individual will be unable, without personal care support, to comply with posttransplantation medical requirements because of the disability; or
(c) Refusing to place the individual’s priority on an anatomical gift transplant waiting list to receive an anatomical gift.
(3) A health care provider shall:
(a) Consider the personal care support of an individual described under subsection (2) of this section in determining the individual’s ability to comply with posttransplantation medical requirements; and
(b) Use professional medical judgment as determined by evidence-based medical standards of care for transplantation of an anatomical gift donation.
(4) An individual with a disability who reasonably believes that a health care provider has violated this section may bring an action for injunctive relief in any court of competent jurisdiction. The action for injunction shall be heard in an expedited manner.
(5) This section shall not be construed to limit an individual’s rights or remedies otherwise provided by law.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 36, sec. 1, effective June 29, 2023.
(a) “Disability” has the same meaning as in KRS § 12.450; and
Terms Used In Kentucky Statutes 311.1965
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) “Health care provider” has the same meaning as in KRS § 304.17A-005.
(2) A health care provider in this state shall not discriminate against an individual who has a disability based solely on the individual’s disability when providing health care and other services related to an anatomical gift donation as the individual’s insurance coverage allows. Discriminating against an individual’s disability includes but is not limited to:
(a) Refusing to transplant an anatomical gift in the individual based solely on the individual’s disability;
(b) Subject to subsection (3) of this section, refusing to transplant an anatomical gift in the individual based on an assessment that the individual will be unable, without personal care support, to comply with posttransplantation medical requirements because of the disability; or
(c) Refusing to place the individual’s priority on an anatomical gift transplant waiting list to receive an anatomical gift.
(3) A health care provider shall:
(a) Consider the personal care support of an individual described under subsection (2) of this section in determining the individual’s ability to comply with posttransplantation medical requirements; and
(b) Use professional medical judgment as determined by evidence-based medical standards of care for transplantation of an anatomical gift donation.
(4) An individual with a disability who reasonably believes that a health care provider has violated this section may bring an action for injunctive relief in any court of competent jurisdiction. The action for injunction shall be heard in an expedited manner.
(5) This section shall not be construed to limit an individual’s rights or remedies otherwise provided by law.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 36, sec. 1, effective June 29, 2023.