2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter III. Nondiscrimination in Access to Organ Transplantation › § 2742. Definitions.

§ 2742. Definitions.
For purposes of this subchapter:
(1) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion.
(2) “Auxiliary aids and services” includes any or all of the following:
a. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
b. Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments.
c. Provision of information in a format that is accessible for individuals with cognitive, neurological, developmental, and/or intellectual disabilities.
d. Provision of supported decision-making services.
e. Acquisition or modification of equipment or devices.
f. Services and actions similar to those described in paragraphs (2)a. through (2)e. of this section.
(3) “Covered entity” means:
a. Any licensed provider of health-care services, including licensed health-care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or
b. Any entity responsible for matching anatomical gift donors to potential recipients.
(4) “Disability” shall have the same meaning set forth in the Americans with Disabilities Act Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, at 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) “Qualified individual” means an individual who, with or without the support networks available to them, provision of auxiliary aids and services, and/or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.
(7) The phrase “reasonable modifications to policies or practices” includes:
a. Communication with individuals responsible for supporting an individual with post-surgical and post-transplantation care, including medication.
b. 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, in determining whether the individual is able to comply with post-transplant medical requirements.
(8) The term “supported decisionmaking” includes use of a support person to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual's wishes, including:
a. Inclusion of the individual's attorney-in-fact, health-care proxy, or any person of the individual's choice in communications about the individual's medical care;
b. Permitting the individual access to a person of their choice for the purposes of supporting that individual in communicating, processing information, or making medical decisions;
c. Provision of auxiliary aids and services to facilitate the individual's ability to communicate and process health-related information, including use of assistive communication technology;
d. Provision of information to persons designated by the individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1301 et seq., and other applicable laws and regulations governing disclosure of health information;
e. Provision of health information in a format that is readily understandable by the individual;
f. If the individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures to ensure that the individual is included in decisions involving his or her own health care and that medical decisions are in accordance with the individual's own expressed interests.
81 Del. Laws, c. 169, §  1;  70 Del. Laws, c. 186, §  1;