Findings, declarations relative to anatomical gifts.

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26:6-86.1 Findings, declarations relative to anatomical gifts.

1. The Legislature finds and declares that:

a. A mental or physical disability does not diminish a person's right to health care;

b. The "Americans with Disabilities Act of 1990" prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;

c. Individuals with mental and physical disabilities have been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with complex post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;

d. 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 the Medicare and Medicaid programs are required to use patient selection criteria that result in a fair and non-discriminatory distribution of organs; and

e. New Jersey residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

L.2013, c.80, s.1.


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