U.S. Federal Laws Prevents Organ Transplant Discrimination

Author: National Down Syndrome Society (i): Contact: ndss.org

Published: 2020-12-24

Table of contents and important points:

Charlotte Woodward’s Organ Transplant Prevention Act prohibits discrimination against anyone based on their disability in seeking an organ transplant.

There are misconceptions that people with disabilities cannot manage the treatment required after an organ transplant or would not benefit from such surgery.

Thirteen states have passed state-level laws enforcing anti-discrimination guidelines for organ transplants …

Main digestion

The National Down Syndrome Society (NDSS), the leading human rights organization for all people with Down Syndrome, welcomes the introduction of the Organ Transplant Prevention Act by Charlotte Woodward to protect the rights of qualified organ transplant candidates with a disability. NDSS envisions a world where all people with Down syndrome have the opportunity to improve their quality of life, achieve their goals in life and become valued members of welcoming communities.

The Charlotte Woodward Organ Transplant Prevention Act, introduced by Congresswoman Jaime Herrera Beutler (R-WA) and Katie Porter (D-CA), prohibits discrimination against people based on their disability in seeking an organ transplant. Such legislation would protect and enforce the rights set forth in the Americans with Disabilities Act 1990.

“Despite federal protection, many states do not allow people with physical and mental disabilities to receive a life-saving organ. This discrimination is a violation of their basic human rights,” said Ashley Helsing, director of government relations at NDSS. “The passage of the Charlotte Woodward Organ Transplant Prevention Act will save countless lives in dire need of transplants.”

If passed, the Charlotte Woodward Organ Transplant Discrimination Prevention Act ensures that a person’s ability to meet post-transplant requirements is not a material reason to refuse them a transplant procedure. In addition, this bill requires healthcare providers to make policies, practices and procedures available to qualified recipients with disabilities.

The bill is named after Charlotte Woodward, a Down syndrome attorney and NDSS employee who received a life-saving heart transplant nearly nine years ago. Since then, she has worked tirelessly to ensure that other people with Down syndrome and other disabilities have equal access to transplants.

“As one of the few people with Down syndrome in the world who has had the opportunity to have a life-saving heart transplant, I am so very, very grateful that people with disabilities will have the same opportunities as me in the future.” “said Charlotte Woodward, after whom the bill is named.

“Too many precious lives have been lost in the past to organ transplant discrimination. I am very, very grateful for the generosity of my heart donor and that of her loving families. Your gift has enabled me to live my life for the fullest and continue for it advocating that others can do the same. The passage of this law will be a monumental step towards a more just world, and I am proud to play a part in it. “

“There are misconceptions that people with disabilities cannot cope with the treatment required after an organ transplant or would not benefit from such an operation – and these claims are simply not true,” said Herrera Beutler.

“Charlotte Woodward is a wonderful woman with Down syndrome who is also the namesake of this legislative solution. Charlotte has shared her experience of successfully receiving and managing a heart transplant to end this discrimination and help more people who have that Sustaining Life I am proud to work with my colleague, Rep. Katie Porter, to legislate to ensure that people with disabilities are not turned away when they need a life-saving organ transplant. “

Thirteen states have passed state-level laws enforcing anti-discrimination guidelines for organ transplants, including:

  • California
  • Delaware
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Maryland
  • Massachusetts
  • Missouri
  • New Jersey
  • Ohio
  • Oregon
  • Virginia

This federal law would strengthen the rights protected by the Disabled Americans Act and End Organ Transplant Discrimination across the country.

NDSS has resources to support those willing to support non-discrimination in organ transplants for people with disabilities. More information can be found at https://www.ndss.org/advocate/ndss-legislative-agenda/healthcare-research/nondiscrimination-in-organ-transplantation-laws-toolkit/

(i) Source / Reference: National Down Syndrome Society. Disabled World makes no guarantees or warranties in connection therewith. Content may have been edited for style, clarity, or length.

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Page quote:

Journal: Disabled World. Language: English. Author: National Down Syndrome Society. Electronic publication date: 2020-12-24. Last revised date: 2020-12-24. Reference Title: “US Federal Legislation Prevents Discrimination Against Organ Transplants,” Source: US Federal Legislation Prevents Discrimination Against Organ Transplants. Summary: Charlotte Woodward’s Organ Transplant Prevention Act prohibits discrimination against anyone based on their disability in seeking an organ transplant. Retrieved on December 24, 2018 from https://www.disabled-world.com/disability/organ-transplant.php – reference category number: DW # 37-13911.

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