HB 642 – Down Syndrome Organ Trans. Nondiscrimination Act

Primary House Sponsors: Rep. John Bradford, III (R-Mecklenburg); Rep. Donny Lambeth (R-Forsyth); Rep. Michael Wray (D-Halifax, Northampton); Rep. Pat McElraft (R-Carteret, Jones)



This bill:

  • States that it is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability:
    1. Consider an individual ineligible to receive an anatomical gift or organ transplant.
    2. Deny medical services or other services related to organ transplantation.
    3. Refuse to refer the individual to a transplant center or other related specialist for the purposes of being evaluated for or receiving an organ transplant.
    4. Refuse to place a qualified recipient on an organ transplant waiting list.
    5. Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability.
    6. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant.
  • Requires covered entities to make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services unless the entity can demonstrate that making such modifications would fundamentally alter the nature of the services.
  • Permits an affected individual to commence a civil action against any covered entity that violates the above.
  • Prohibits insurers offering health benefit plans that provide coverage for anatomical gifts, organ transplants, or related treatment and services from doing any of the following:
    1. Deny coverage to an insured solely on the basis of the individual’s disability.
    2. Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a plan solely for the purpose of avoiding the bill’s requirements.
    3. Attempt to induce a provider to provide care to an insured in a manner inconsistent with this section by doing either of the following: (1) penalizing or otherwise reducing or limiting the reimbursement of a provider, or (2) providing monetary or nonmonetary incentives to a provider.
    4. Reduce or limit health benefit plan coverage benefits to an insured for any services related to organ transplantation performed determined to be necessary in consultation with the attending physician and the insured.




Filed – 4/21/2021