2021 Colorado Code
Title 25 - Public Health and Environment
Article 56 - Nondiscrimination Against Potential Organ Transplant Recipients
§ 25-56-102. Legislative Declaration

1. The general assembly finds and declares that:
   1. A mental or physical disability does not diminish a person's right to health care;
   2. The federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended, prohibits discrimination against persons with disabilities, yet many people still experience discrimination in accessing critical health-care services based on their disability;
   3. In other states nationwide, persons with disabilities have been denied life-saving organ transplants based on the assumption that their lives are less worthy, that they are incapable of complying with post-transplant medical requirements, or that they lack adequate support systems to ensure compliance with post-transplant medical requirements; and
   4. Although organ transplant centers must consider medical and psychological criteria when determining whether a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, medicaid, and other federally funded programs are required to use patient selection criteria that result in the fair and nondiscriminatory distribution of organs.

2. Therefore, the general assembly declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person without a disability who needs the same medical service, and Colorado residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

History. Source: L. 2021: Entire article added, (HB 21-1169), ch. 99, p. 396, § 1, effective May 6.