Ala. Code § 22-19-202

Current through the 2024 Regular Session.

Section 22-19-202 - Definitions

As used in this act, the following terms have the following meanings:

(1) ANATOMICAL GIFT. The donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion.

(2) AUXILIARY AIDS AND SERVICES. Reasonable accommodations that include the following:

a. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

b. Qualified readers, taped texts, or other effective methods of making visually delivered material available to individuals with visual impairments.

c. Acquisition or modification of equipment or devices.

d. Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities.

(3) COVERED ENTITY. Any of the following:

a. A health care provider licensed under Title 34, Code of Alabama 1975.

b. A health care facility licensed under Chapter 21 of Title 22, Code of Alabama 1975.

c. An entity responsible for matching anatomical gift donors to potential recipients.

(4) DISABILITY. The definition as provided in 42 U.S.C. § 12102.

(5) ORGAN TRANSPLANT. The transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

(6) QUALIFIED INDIVIDUAL. An individual with a disability who meets the essential eligibility requirements for the receipt of an anatomical gift, with or without any of the following:

a. A support network available to the individual.

b. The provision of auxiliary aids and services.

c. Access to a covered entity that has made reasonable modifications to its policies or practices, including modifications to allow both of the following:

1. Communication with individuals responsible for supporting the individual with post-surgical and post-transplantation care, including medication.

2. The consideration of a support network available to the individual, including family, friends, and home-based and community-based services funded through Medicaid, Medicare, or another health plan in which the individual is enrolled, or any program or source of funding available to the individual in determining whether the individual is able to comply with post-transplantation medical requirements.

(7) SUPPORTED DECISION-MAKING. The reasonable accommodation of a support person or persons to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual's wishes, including the following:

a. The individual's parent, court-appointed guardian, legal custodian, attorney-in-fact, or designated health care proxy.

b. A person designated in writing by the individual.

Ala. Code § 22-19-202 (1975)

Added by Act 2023-366,§ 3, eff. 9/1/2023.