KRS 311.1965: Discrimination against anatomical organ transplantation due to disability

-- Considerations -- Cause of action -- Construction.

(1) As used in this section:

(a) "Disability" has the same meaning as in KRS 12.450; and

(b) "Health care provider" has the same meaning as in KRS 304.17A-005.

(2) A health care provider in this state shall not discriminate against an individual who

has a disability based solely on the individual's disability when providing health

care and other services related to a n anatomical gift donation as the individual's

insurance coverage allows. Discriminating against an individual's disability

includes but is not limited to:

(a) Refusing to transplant an anatomical gift in the individual based solely on the

individual's disability;

(b) Subject to subsection (3) of this section, refusing to transplant an anatomical

gift in the individual based on an assessment that the individual will be

unable, without personal care support, to comply with posttransplantation

medical requirements because of the disability; or

(c) Refusing to place the individual's priority on an anatomical gift transplant

waiting list to receive an anatomical gift.

(3) A health care provider shall:

(a) Consider the personal care support of an individual descr ibed under

subsection (2) of this section in determining the individual's ability to comply

with posttransplantation medical requirements; and

(b) Use professional medical judgment as determined by evidence -based medical

standards of care for transplantation of an anatomical gift donation.

(4) An individual with a disability who reasonably believes that a health care provider

has violated this section may bring an action for injunctive relief in any court of

competent jurisdiction. The action for injunction shall be heard in an expedited

manner.

(5) This section shall not be construed to limit an individual's rights or remedies

otherwise provided by law.