(a) A covered entity shall not do any of the following solely on the basis of the disability of a qualified recipient:

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Terms Used In Tennessee Code 68-31-102

  • 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, therapy, research, or education. See Tennessee Code 68-31-101
  • Covered entity: means :
    (A) A healthcare provider. See Tennessee Code 68-31-101
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Healthcare provider: means a person licensed under title 63, chapter 6, 7, 9, or 19. See Tennessee Code 68-31-101
  • Qualified recipient: means a recipient who has a disability and meets the eligibility requirements for receipt of transplantation or anatomical gift regardless of the use of the following:
    (A) Individuals or entities available to support and assist the recipient of an anatomical gift or transplantation. See Tennessee Code 68-31-101
  • Transplantation: means the transplantation or transfusion of a human body part into the body of another individual for the purpose of treating or curing a medical condition. See Tennessee Code 68-31-101
(1) Consider a qualified recipient ineligible for transplantation or receipt of an anatomical gift;
(2) Deny medical or other services related to transplantation, including:

(A) Evaluation;
(B) Surgery; and
(C) Counseling and treatment following transplantation;
(3) Refuse to refer a qualified recipient to a transplant center or specialist;
(4) Refuse to place a qualified recipient on an organ or tissue waiting list; or
(5) Place a qualified recipient at a position on an organ or tissue waiting list that is lower than the position at which the qualified recipient would have been placed if not for the qualified recipient’s disability.
(b) Subject to subsection (c), if a healthcare provider has examined an individual and determined that the individual has a disability, then a covered entity may consider, when making recommendations or decisions related to receipt of an anatomical gift or transplantation, the disability of the individual to be medically significant to the receipt of an anatomical gift or transplantation.
(c) A covered entity shall not consider a qualified recipient’s inability to comply with medical requirements following transplantation to be medically significant if a qualified recipient has individuals or entities available to assist in complying with the medical requirements.
(d) A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related treatment and services, except when the covered entity demonstrates that the modifications would fundamentally alter the nature of the transplantation-related treatment and services.
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