2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter III. Nondiscrimination in Access to Organ Transplantation › § 2743. Discrimination prohibited.

§ 2743. Discrimination prohibited.
(a) A covered entity shall not, solely on the basis of a qualified individual's mental or physical disability:
(1) Deem an individual ineligible to receive an anatomical gift or organ transplant;
(2) Deny medical and related services related to organ transplantation, including evaluation, surgery, counseling, post-operative treatment and services;
(3) Refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an organ transplant;
(4) Refuse to place an individual on an organ transplant waiting list, or placement of the individual at a lower-priority position on the list than the position at which he or she would have been placed if not for his or her disability; or
(5) Decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including post-transplantation care;
(b) Notwithstanding subsection (a) of this section, a covered entity may take an individual's disability into account when making treatment and/or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the organ transplant. The provisions of this section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.
(c) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individual's inability to independently comply with those requirements shall not be deemed to be medically significant for the purposes of subsection (b) of this section.
(d) A covered entity shall make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services;
(e) A covered entity shall take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or would result in an undue burden;
(f) A covered entity shall otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act [42 U.S.C. § 12141 et seq. and 42 U.S.C. § 12181 et seq.] and ADA Amendments Act of 2008 [P.L. 110-325].
(g) The provisions of this section shall apply to each part of the organ transplant process.
81 Del. Laws, c. 169, §  1;  70 Del. Laws, c. 186, §  1;