16-32-5-4. Permitted Considerations by Covered Entity Regarding Anatomical Gifts or Transplantation
Sec. 4. Subject to section 5 of this chapter, if a health care provider has examined an individual and determined that the individual has a disability, a covered entity may consider, when making recommendations or decisions related to an anatomical gift or transplantation, the disability of the individual to be medically significant to the provision […]
16-32-5-5. Qualified Recipient’s Inability to Comply With Medical Requirements
Sec. 5. A covered entity may not consider a qualified recipient’s inability to comply with medical requirements following transplantation to be medically significant if a qualified recipient has individuals or entities available to assist in complying with the requirements. As added by P.L.2-2019, SEC.8.
16-32-5-6. Reasonable Modifications; Exceptions
Sec. 6. A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation related treatment and services, except when the covered entity can demonstrate that the modifications would fundamentally alter the nature of the transplantation related treatment and services. As added by P.L.2-2019, SEC.8.
16-32-5-7. Cause of Action
Sec. 7. (a) An individual who reasonably believes that a covered entity has violated this chapter may bring a civil action for injunctive or other equitable relief against the covered entity for the purpose of enforcing compliance with this chapter. (b) In an action commenced under this section, the court must: (1) schedule a hearing […]
16-32-5-1. “Covered Entity”
Sec. 1. As used in this chapter, “covered entity” means any of the following: (1) A licensed health care provider. (2) A hospital licensed under IC 16-21-2. (3) An ambulatory outpatient surgical center. (4) A hospice program licensed under IC 16-25-3. (5) A residential care facility. (6) A comprehensive care facility licensed under IC 16-28-2. […]
16-32-5-2. “Qualified Recipient”
Sec. 2. As used in this chapter, “qualified recipient” means a recipient who has a disability and meets the eligibility requirements for receipt of an anatomical gift regardless of the use of the following: (1) Individuals or entities available to support and assist the recipient with an anatomical gift or transplantation. (2) Auxiliary aids and […]
16-32-5-3. Prohibited Actions by Covered Entity
Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient: (1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift. (2) Deny medical or other services related to transplantation, including: (A) evaluation; (B) surgery; and (C) counseling and […]