2018 Maryland Code
Health - General
Title 20 - Miscellaneous Health Provisions
Subtitle 16 - Nondiscrimination in Access to Anatomical Gifts and Organ Transplantation.
§ 20-1603. Legislative findings.
- The General Assembly finds that:
(1) A mental or physical disability does not diminish an individual's right to health care;
(2) The federal Americans with Disabilities Act prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;
(3) In other states nationwide, individuals with mental and physical disabilities have historically been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplantation medical requirements, or that they lack adequate support systems to ensure compliance with posttransplantation medical requirements;
(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, the Maryland Medical Assistance Program, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) State residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.