Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 14 - INDIVIDUALS WITH DISABILITIES (§§ 20-14-201 — 20-14-1004) › Subchapter 9 - NONDISCRIMINATION IN ACCESS TO ORGAN TRANSPLANTATION (§§ 20-14-901 — 20-14-904) › Section 20-14-903 - Discrimination prohibited

(a)
A covered entity shall not do any of the following based solely on a qualified individual's intellectual or physical disability:
(1)
Determine that a qualified individual is ineligible to receive an anatomical gift or organ transplant;
(2)
Deny medical or other services related to an anatomical gift or organ transplant, including without limitation evaluation, surgery, counseling, or post-operative treatment and services;
(3)
Refuse to refer a qualified individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant;
(4)
Refuse to place a qualified individual on an anatomical gift or organ transplant waiting list;
(5)
Place a qualified individual at a lower priority position on an anatomical gift or organ transplant waiting list rather than the position at which he or she would have been placed if not for his or her disability; or
(6)
Decline insurance coverage for a procedure associated with the receipt of the anatomical gift or an organ transplant, including without limitation post-transplantation care.
(b)
(1)
A covered entity may take a qualified individual's disability into account when making treatment or coverage recommendations or decisions only when the physician or surgeon:
(A)
Conducts an individualized evaluation of the qualified individual; and
(B)
Finds the physical or intellectual disability of the qualified individual to be medically significant to the provision of the anatomical gift or organ transplant.
(2)
A qualified individual's inability to independently comply with post-transplant medical requirements is not medically significant if the qualified individual has the necessary support network to assist him or her in complying with the requirements.
(c)
This section does not require the referral, recommendation, or performance of a medically inappropriate organ transplant.
(d)
A covered entity shall:
(1)
Make reasonable modifications in policies, practices, and procedures when necessary to make services, including without limitation transplantation-related counseling, information, coverage, and treatment, available to qualified individuals unless the covered entity demonstrates that making the reasonable modifications would fundamentally alter the nature of the services or would result in an undue burden;
(2)
Ensure that a qualified individual is not denied services, including without limitation transplantation-related counseling, information, coverage, or treatment, because of the absence of auxiliary aids and services unless the covered entity demonstrates that providing auxiliary aids and services would fundamentally alter the nature of the services being offered or would result in an undue burden; and
(3)
Comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., as it existed on January 1, 2021.
(e)
This section applies to each part of the organ transplantation process.
Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.