An Act to Prohibit Discrimination in Access to Anatomical
Maine Legislature, Session 132, LD 1055
Sponsors: DILL
Amends: 24-A MRSA §4320-L

Legislative Document
No. 1055
H.P. 684
House of Representatives, March 14, 2025
An Act to Prohibit Discrimination in Access to Anatomical 
Donations and Organ Transplants
Received by the Clerk of the House on March 12, 2025.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DILL of Old Town.
Cosponsored by Representatives: BRIDGEO of Augusta, GRAHAM of North Yarmouth, 
HEPLER of Woolwich, LAJOIE of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA c. 424 is enacted to read:
CHAPTER 424
NONDISCRIMINATION IN ACCESS TO ANATOMICAL GIFTS AND ORGAN 
TRANSPLANTATION
§2150-L. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Anatomical gift.  "Anatomical gift" means the donation of part of a human body 
for the purpose of transplantation to another person. 
2.  Auxiliary aid or service.  "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. 
3.  Disability.  "Disability" has the same meaning as "physical or mental disability" as 
defined in Title 5, section 4553-A. 
4.  Organ transplant.  "Organ transplant" or "organ transplantation" means the 
transplantation or transfusion of an anatomical gift into the body of another person for the 
purpose of treating or curing a medical condition. 
5.  Qualified recipient.  "Qualified recipient" means an individual who has a disability 
and meets the essential eligibility requirements for the recipient of an anatomical gift or 
organ transplantation with or without the presence of any of the following:
A. Individuals or entities available to support and assist the individual with an 
anatomical gift or organ transplantation;
B. Auxiliary aids or services; and
C. Reasonable modifications to the policies, practices or procedures of a health care 
facility or provider, including modifications to allow for:
(1) Communication with one or more individuals or entities available to support or 
assist with the recipient's care and medication after surgery or organ 
transplantation; or 
(2) Consideration of support networks available to the individual, including family 
members, friends, home and community-based services 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. 
§2150-M.  Prohibition on discrimination
1.  Prohibition on discrimination for organ transplants.  A health care facility as 
defined in section 2053, subsection 3-A or provider may not, solely on the basis of an 
individual's disability: 
A. Consider the individual ineligible to receive an anatomical gift or organ transplant;
B. Deny medical services or other services related to organ transplantation, including 
diagnostic services, evaluation, surgery, counseling and postoperative treatment and 
services;
C. Refuse to refer the individual to a transplant hospital or other related specialist for 
the purpose of being evaluated for or receiving an organ transplant;
D. Refuse to place a qualified recipient on an organ transplant waiting list; or
E. Place a qualified recipient on an organ transplant waiting list at a lower-priority 
position than the position at which the individual would have been placed if the 
individual did not have a disability.
2.  Exceptions.  Notwithstanding subsection 1, a health care facility or provider may 
take an individual's disability into account when making treatment or coverage 
recommendations or decisions, solely to the extent that the disability has been found by a 
provider, following an individualized evaluation of the individual, to be medically 
significant to the provision of the anatomical gift or organ transplant. 
3.  Third-party supports.  If an individual has the necessary support system to assist 
the individual in complying with post-transplant medical requirements, a health care 
facility or provider may not consider the individual's inability to independently comply 
with post-transplant medical requirements to be medically significant for the purposes of 
subsection 2.
4.  Required accommodations.  Health care facilities and providers shall:
A. Make reasonable modifications to policies, practices and procedures to allow 
individuals with disabilities access to transplantation-related services, including 
diagnostic services, surgery, coverage, postoperative treatment or counseling, unless 
the health care facility or provider demonstrates that making such modifications would 
fundamentally alter the nature of the services provided; and
B. Take reasonable and necessary steps to ensure that an individual with a disability is 
not denied medical services or other services related to organ transplantation, including 
diagnostic services, surgery, postoperative treatment or counseling due to the absence 
of auxiliary aids or services, unless the health care facility or provider demonstrated 
that taking such steps would fundamentally alter the nature of the medical services or 
other services related to organ transplantation or would result in an undue burden on 
the health care facility or provider. 
5.  Referral or recommendation not required.  A health care facility or provider is 
not required to make a referral or recommendation for or to perform a medically 
inappropriate organ transplant. 
6.  Injunctive or equitable relief.  Whenever it appears that a health care facility or 
provider is violating any of the provisions of this section, the affected individual may 
commence a civil action in Superior Court for injunctive or equitable relief against the 
health care facility or provider for purposes of enforcing compliance. The court may grant 
injunctive or other equitable relief, including:
A. Requiring auxiliary aids or services to be made available for a qualified recipient;
B. Requiring the modification of a policy, practice or procedure of a health care facility 
or provider; and
C. Requiring health care facilities be made readily accessible to and usable by a 
qualified recipient. 
This subsection is not intended to limit or replace available remedies under the federal 
Americans with Disabilities Act of 1990, 42 United States Code, Section 12101 et seq., as 
amended or any other applicable federal law. 
This subsection does not create a right to compensatory or punitive damages against a 
health care facility or provider.
Sec. 2.  24-A MRSA §4320-L, sub-§4 is enacted to read:
4.  Organ transplants.  A carrier that offers, issues or renews a health benefit plan that 
provides coverage for anatomical gifts as defined in Title 22, section 2150-L, subsection 1, 
organ transplants as defined in Title 22, section 2150-L, subsection 4 or related treatments 
or services may not, solely on the basis of a covered individual's disability:
A. Deny coverage to a covered individual for an organ transplant or related treatment 
or services;
B. Decline or limit coverage of a covered individual solely for the purpose of avoiding 
the requirements of this subsection; or
C. Penalize a covered individual or reduce or limit coverage for a covered individual 
for health care services related to organ transplantation as determined in consultation 
with the provider and the covered individual or the covered individual's representative. 
This subsection does not require a carrier to provide coverage for the donation of an 
anatomical gift, an organ transplant or related treatment or services.
SUMMARY
This bill prohibits a health care facility or provider from denying medical services or 
other services related to organ transplantation to an individual based solely on the 
individual's disability. It requires health care facilities and providers to make reasonable 
modifications to policies, practices and procedures to allow individuals with disabilities 
access to transplantation-related services. It provides that, whenever it appears that a health 
care facility or provider is violating the antidiscrimination provision of the bill, the affected 
individual may commence a civil action in Superior Court for injunctive or equitable relief 
against the health care facility or provider for purposes of enforcing compliance. It prohibits 
a health insurance carrier that offers, issues or renews a health benefit plan that provides 
coverage for anatomical gifts, organ transplants or related treatments or services from 
denying coverage for these services solely on the basis of a covered individual's disability.