49-4-601. Legislative intent. The legislature finds that:
(1) an intellectual 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, prohibits discrimination against persons with disabilities;
(3) life-saving organ transplants should not be denied to persons with disabilities based on assumptions that they are incapable of complying with posttransplant medical requirements or lack adequate support systems to ensure compliance with posttransplant 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, medicaid, and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) Montana residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
History: En. Sec. 1, Ch. 487, L. 2021.