West Virginia 2022 Regular Session

West Virginia Senate Bill SB647

Introduced
2/16/22  
Refer
2/16/22  
Refer
2/23/22  
Engrossed
3/1/22  
Refer
3/2/22  
Refer
3/2/22  
Refer
3/4/22  
Enrolled
3/11/22  
Passed
3/21/22  

Caption

Prohibiting discrimination in organ donation process

Impact

The enactment of SB647 has significant implications for state laws regarding healthcare and disability rights. By reinforcing the legal protections against discrimination in healthcare access, specifically in organ transplantation, the bill aligns with the Americans with Disabilities Act of 1990. It establishes a requirement for covered entities, such as healthcare providers and transplant facilities, to modify their practices and policies to ensure that individuals with disabilities are not marginalized or placed at a disadvantage when it comes to organ transplant eligibility. This could lead to greater inclusivity and substantial improvements in how disabled individuals experience healthcare services in West Virginia.

Summary

Senate Bill 647 addresses the issue of discrimination against individuals with mental and physical disabilities in the context of organ transplantation. It aims to amend the Code of West Virginia by explicitly prohibiting actions from covered entities that deny access to organ transplants based solely on an individual's disability. The bill recognizes that such individuals have equal rights to healthcare and seeks to eliminate assumptions that undermine their eligibility for organ transplants due to perceived incapabilities or lack of support systems. From its legislative intent, it establishes a framework for fair and equal access to organ transplants for disabled individuals.

Sentiment

The general sentiment surrounding SB647 seems to be largely positive among advocates for disability rights. Supporters believe that the bill will help to dismantle age-old biases and discrimination faced by those with disabilities, ensuring they receive the medical care they deserve without prejudice. Conversely, there may be concerns regarding how the implementation of the bill will affect healthcare providers, particularly if they perceive the requirements as burdensome or if there are operational difficulties in aligning with the new regulations.

Contention

Notably, a point of contention revolves around the definitions and applicability of the bill's provisions. While the legislation promotes support for individuals with disabilities, some stakeholders may question how reasonable accommodations and modifications will be assessed and implemented. Issues such as determining the medical significance of a disability in the context of treatment decisions and the capabilities of healthcare systems to adapt to such changes could also raise concerns. Moreover, it may spark debate about the adequacy of support systems for disabled individuals and the role of healthcare providers in facilitating these accommodations.

Companion Bills

No companion bills found.

Previously Filed As

WV SR303

Relating to meaningful tax reform and relief

WV SCR101

Urging US Department of Education to accelerate processing of Free Application for Federal Student Aid

WV LD1055

An Act to Prohibit Discrimination in Access to Anatomical Donations and Organ Transplants

WV A10734

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

WV SCR102

Extending State of Emergency and suspending certain requirements for Free Application for Federal Student Aid

WV SB987

Prohibiting discrimination based upon gender identity or sexual orientation

WV SB195

Prohibiting Antisemitic Discrimination

WV H4490

Prohibiting discrimination against 340b drug discount program participants

WV HB3503

Kidney Donation Anti-Discrimination Act

WV SR44

Memorializing life of basketball legend Jerry West

Similar Bills

TX HB4076

Relating to prohibiting organ transplant recipient discrimination on the basis of vaccination status.

ME LD1055

An Act to Prohibit Discrimination in Access to Anatomical Donations and Organ Transplants

US HB2114

Block Organ Transplant Purchases from China Act of 2025

US HB1520

Charlotte Woodward Organ Transplant Discrimination Prevention Act

IL SB0087

ANATOMICAL DONATION

US SB1782

Charlotte Woodward Organ Transplant Discrimination Prevention Act

NY A10734

Prevents discrimination against persons with physical or mental disabilities in regards to organ donations.

GA HB522

Health; prohibit certain health care providers and facilities from discriminating against potential organ transplant recipients due solely to their vaccine status