§1170.2. Definitions

            For purposes of this Subpart, the following terms have the meaning ascribed to them in this Section:

            (1) "Anatomical gift" means a donation of all or part of a human body that takes effect after the death of the donor for the purpose of transplantation or transfusion.

            (2) "Auxiliary aid or service" means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the individual to better understand the information. An auxiliary aid or service may include any of the following:

            (a) Qualified interpreters or other effective methods of making aurally delivered materials available to persons who are deaf or hard of hearing.

            (b) Qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments.

            (c) Supported decision-making services, including all of the following:

            (i) The use of a support individual to communicate information to the person with a disability, ascertain the wishes of the person, or assist the person in making decisions.

            (ii) The disclosure of information to a legal guardian, authorized representative, or another individual designated by the person with a disability for such purpose. A person making such disclosure shall do so in conformance with all applicable requirements of state and federal law, including but not limited to those of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d et seq.) and any federal regulations promulgated by the United States Department of Health and Human Services for implementation of that law.

            (iii) If an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual's health care and that medical decisions are in accordance with the individual's own expressed interests.

            (iv) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.

            (3) "Covered entity" means any of the following entities:

            (a) Any licensed provider of healthcare services, including licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers.

            (b) Any entity responsible for matching anatomical gift donors to potential recipients.

            (4) "Disability" has the meaning ascribed in 42 U.S.C. 12102.

            (5) "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.

            (6)(a) "Qualified recipient" means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift.

            (b) An individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift shall be deemed to be a qualified recipient regardless of any of the following:

            (i) Whether he has access to individuals or entities available to support and assist him with an anatomical gift or transplantation.

            (ii) Whether he has access to auxiliary aids or services.

            (iii) Whether reasonable modifications to the policies, practices, or procedures of a covered entity are implemented, including modifications to allow for either of the following:

            (aa) Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation.

            (bb) Consideration of support networks available to the individual, 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 individual is enrolled, or any program or source of funding available to the individual, when determining whether the individual is able to comply with post-transplant medical requirements.

            Acts 2019, No. 57, §3, eff. May 30, 2019.