2023 Montana Code Annotated › Title 49. Human Rights › Chapter 4. Rights of Persons With Disabilities › Part 6. Discrimination in Anatomical Gifts and Organ Transplants › 49-4-602. Definitions

49-4-602. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(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 or services" means an aid or service that is used to provide information to a person with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the person to better understand the information. An auxiliary aid or service may include:
(a) qualified interpreters or other effective methods of making aurally delivered materials available to persons with hearing impairments;
(b) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to persons with visual impairments; and
(c) supported decisionmaking services, including:
(i) the use of a support individual to communicate information to the person with a disability, ascertain the wishes of the person, or assist the person in making decisions;
(ii) the disclosure of information to a legal guardian, authorized representative, or another individual designated by the person with a disability for that purpose, as long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq., and any regulations promulgated by the United States department of health and human services to implement the act;
(iii) if a person who has a disability has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the person, any measures used to ensure that the person is included in decisions involving the person's health care and that medical decisions are in accordance with the person's own expressed interests; and
(iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to people with cognitive, neurological, developmental, or intellectual disabilities, including assistive communication technology.
(3) "Covered entity" means:
(a) a 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) an entity responsible for matching anatomical gift donors to potential recipients.
(4) "Disability" means:
(a) a physical or intellectual impairment that substantially limits one or more of a person's major life activities;
(b) a record of such an impairment; or
(c) being regarded as having such an impairment.
(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 recipient" means a person who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:
(a) individuals or entities available to support and assist the person with an anatomical gift or transplantation;
(b) auxiliary aids or services; or
(c) reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for:
(i) communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or
(ii) consideration of support networks available to the person, 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 person is enrolled, or any program or source of funding available to the person when determining whether the person is able to comply with posttransplant medical requirements.
History: En. Sec. 2, Ch. 487, L. 2021.