2025 Delaware Code
Title 16 - Health and Safety
Chapter 27. ANATOMICAL GIFTS AND STUDIES
Subchapter III. Nondiscrimination in Access to Organ Transplantation
§ 2741. Legislative intent.
The General Assembly finds that:
(1) A mental or physical disability does not diminish a person's right to health care;
(2) The “Americans with Disabilities Act of 1990” [42 U.S.C. § 12101 et seq.] prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health-care services;
(3) Individuals with mental and physical disabilities are at risk of being denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;
(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) Delaware residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
