Terms Used In Montana Code > Title 49 > Chapter 4 > Part 6 - Discrimination in Anatomical Gifts and Organ Transplants

• 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. See Montana Code 49-4-602
• Auxiliary aids or services: means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. See Montana Code 49-4-602
• Covered entity: means :

  (a)a 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)an entity responsible for matching anatomical gift donors to potential recipients. See Montana Code 49-4-602

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Disability: means :

  (a)a physical or intellectual impairment that substantially limits one or more of a person's major life activities;

  (b)a record of such an impairment; or

  (c)being regarded as having such an impairment. See Montana Code 49-4-602

• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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. See Montana Code 49-4-602
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Qualified recipient: means a person 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 person 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:

  (i)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

  (ii)consideration of support networks available to the person, 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 person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements. See Montana Code 49-4-602

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201