Del. Code tit. 16 § 2741

Current through 2024 Legislative Session Act Chapter 531
Section 2741 - Legislative intent

The General Assembly finds that:

(1) A mental or physical disability does not diminish a person's right to health care;
(2) 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;
(3) Individuals with mental and physical disabilities are at the risk of being denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;
(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 federal funding programs are required to use patient selection criteria that result in a fair and non- discriminatory distribution of organs; and
(5) Delaware residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

16 Del. C. § 2741

Added by Laws 2017, ch. 169,s 1, eff. 9/13/2017.