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 20-14-902 - Definitions

As used in this subchapter:
(1)
"Anatomical gift" means a donation of all or part of a donor's body after his or her death for transplantation or transfusion purposes;
(2)
"Auxiliary aids and services" includes without limitation:
(A)
Qualified interpreters and other effective methods of making aurally delivered materials available to individuals with hearing impairments;
(B)
Qualified readers, taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments;
(C)
The provision of information in an accessible format for individuals with cognitive, neurological, developmental, or intellectual disabilities;
(D)
The provision of supported decision-making services;
(E)
The acquisition or modification of equipment or devices; and
(F)
Other similar services and actions;
(3)
"Covered entity" means:
(A)
A licensed provider of healthcare services, including without limitation 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; and
(B)
An entity responsible for matching anatomical gift or organ donors to potential recipients;
(4)
"Disability" means the same as stated in
42 U.S.C. § 12102
, as it existed on January 1, 2021;
(5)
"Organ transplant" means the transplantation or transfusion of a part of a human body into another human body to treat or cure a medical condition;
(6)
"Qualified individual" means an individual who:
(A)
Has a disability; and
(B)
Meets the essential eligibility requirements for the receipt of an anatomical gift or organ transplant with or without:
(i)
Support networks available to the individual;
(ii)
The provision of auxiliary aids and services; and
(iii)
Reasonable modifications to policies, practices, or procedures of a covered entity;
(7)
"Reasonable modification" means:
(A)
Communication with individuals responsible for supporting a qualified individual with post-surgical and post-transplantation care, including without limitation the administration of medication; and
(B)
Consideration of support networks available to a qualified individual to determine the qualified individual's ability to comply with post-transplant medical requirements, including without limitation consideration of:
(i)
Family, friends, and home- and community-based services funded through Medicaid, Medicare, or another healthcare plan; and
(ii)
Any program or source of funding available to the qualified individual; and
(8)
"Supported decision-making" means the use of a support person to:
(A)
Assist a qualified individual in making medical decisions;
(B)
Communicate information to a qualified individual;
(C)
Ascertain a qualified individual's wishes, including without limitation:
(i)
Including the qualified individual's attorney-in-fact, healthcare proxy, or any person of the qualified individual's choice in communications about his or her medical care;
(ii)
Permitting the qualified individual access to a person of his or her choice for support in communicating, processing information, or making medical decisions;
(iii)
Providing auxiliary aids and services to facilitate the qualified individual's ability to communicate and process health-related information, including without limitation the use of assistive technology;
(iv)
Providing information to persons designated by the qualified individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996,
42 U.S.C. § 1301
et seq., as it existed on January 1, 2021, and other applicable laws and regulations governing disclosure of health information;
(v)
Providing health information in a format that is readily understandable by the qualified individual; and
(vi)
Ensuring that the qualified individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the qualified individual's own expressed interests when he or she has a court-appointed guardian or other individual responsible for medical decisions on his or her behalf; or
(D)
Any combination of the activities described in subdivisions (8)(A)-(C) of this section.
Added by Act 2021, No. 837,§ 2, eff. 7/28/2021.