SB 114-3: Choose Life Act (Passed)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 08, 2024, 03:37:29 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  Atlas Fantasy Elections
  Atlas Fantasy Government (Moderators: Southern Senator North Carolina Yankee, Lumine)
  SB 114-3: Choose Life Act (Passed)
« previous next »
Pages: [1]
Author Topic: SB 114-3: Choose Life Act (Passed)  (Read 508 times)
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« on: March 09, 2023, 12:52:25 PM »
« edited: March 28, 2023, 11:25:34 PM by Mr. Reactionary »

Quote
CHOOSE LIFE ACT

Quote
TITLE I: DEFINITIONS AND ENACTMENT

1. For purposes of this act covered entity means any insurer who sells or offers health insurance in interregional commerce and any healthcare provider who accepts federal funds.

2. For purposes of this act disability includes but is not limited to physical, mental, and development disabilities. Down syndrome constitutes a disability.

3. For purposes of this act Retaliation includes, but is not limited to, demotion, discipline, firing, salary reduction, job/shift reassignment, or any other negative job action.

4. This act shall take effect ninety (90) days after its passage.


TITLE II: ORGAN TRANSPLANTS

1. It is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability:

A. Consider an individual ineligible to receive an anatomical gift or organ transplant.

B. Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services.

C. Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant.

D. Refuse to place a qualified recipient on an organ transplant waiting list.

E. 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.

F. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.

2. Notwithstanding the provisions of section 1 of this title, a covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.

3. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of section 2 of this title.

4. A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

5. A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking these steps would fundamentally alter the nature of the medical services or other services related to organ transplantation.

6. The provisions of this title apply to all stages of the organ transplant process.

7. No covered entity offering a health insurance policy in interregional commerce that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants shall do any of the following:

A. Deny coverage to an insured solely on the basis of that individual’s disability.

B. Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health insurance policy solely for the purpose of avoiding the requirements of this section.

C. Attempt to induce a health care provider to provide care to an insured in a manner inconsistent with this section by penalizing or otherwise reducing or limiting the reimbursement of a health care provider, or by providing monetary or nonmonetary incentives to a health care provider.

D. 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.

E. In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any amendment to the health benefit plan made pursuant to a collective bargaining agreement solely to conform to this section shall not be treated as a termination of the collective bargaining agreement.

F. Nothing in this section shall be deemed to require an insurer to provide coverage for a medically inappropriate organ transplant.


TITLE III: LIFE SUPPORT

1. No healthcare facility shall discontinue life-sustaining treatment to an incapacitated patient solely due to the futility of the patient's eventual recovery, unless the patient has signed an advance medical directive authorizing such discontinuation.


TITLE IV: FRIVOLOUS LAWSUITS

1. No federal court shall hear or rule upon any civil case raising a claim of wrongful birth or wrongful life.


TITLE V: DONOR PROTECTIONS

1. An employer operating in interregional commerce with more than fifty (50) employees must provide paid leaves of absence to employee(s) who are about to undergo a medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

2. The length of the paid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 48 hours, unless agreed upon by both the employer, as well as their employee in question.

3. The employer may require official verification an employee seeking organ or bone marrow donation by a physician regarding the purpose and length of each leave requested by the employee.

4. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

5. An employer must provide unpaid leaves of absence to employee(s) who are about to undergo medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

6. The length of the unpaid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 8 weeks, unless agreed upon by both the employer, as well as their employee in question.

7. An employer is not permitted to retaliate or sanction against an employee for requesting leave, whether paid or unpaid.

8. No person seeking an organ donation may be prohibited from declining an otherwise-compatible donated organ that he is religiously opposed to accepting. Such refusal shall not result in the forfeiture of his priority of receiving an organ donation when a compatible donation to which he is not religiously opposed becomes available.

Sponsor: Reactionary
Debate on this bill is now open
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #1 on: March 09, 2023, 02:43:03 PM »

This bill prohibits insurers and healthcare providers from refusing to provide organ donations to disabled persons including persons with down syndrome. The goal is to prohibit european and Canadian style death panels.

The bill also requires large employers to cover reasonable time off work for organ donors to recover.

The bill protects line status for persons on the organ transplant list based on religious status.

Finally, the bill prohibits "wrongful life" tort cases where jerks sue their patents for being born.

The desire of this bill is to ensure the government chooses life.
Logged
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW Show only this user's posts in this thread
« Reply #2 on: March 09, 2023, 03:20:54 PM »

This is an excellent measure. It is essential that we stand against all forms of discrimination, especially when such discrimination can mean life-or-death for certain patients with disabilities.

Title II§2 is important in addressing criticism that some forms of severe physical disabilities may complicate the survival of transplanted organs. I may propose a slight change of language to add a "previously evaluated" provision, as to not prohibit doctors from making this decision based on existing medical records. Also, for clarification, if a surgeon determines a transplanted organ will not survive in the patient, they will be able to reject the patient, correct?

Regarding Title II§3-5, I think we should allow physicians to have a voice in determining, for instance, what constitutes a "necessary support system." Transplant centers should not be allowed to base eligibility on the patient's ability to carry out post-transplant treatment, but we should make sure that the specifics of a "support system" are laid out (by physicians) so healthcare providers know what is covered.
Logged
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW Show only this user's posts in this thread
« Reply #3 on: March 13, 2023, 10:59:37 AM »

I propose the following amendment:

Quote
CHOOSE LIFE ACT

Quote
TITLE I: DEFINITIONS AND ENACTMENT

1. For purposes of this act covered entity means any insurer who sells or offers health insurance in interregional commerce and any healthcare provider who accepts federal funds.

2. For purposes of this act disability includes but is not limited to physical, mental, and development disabilities. Down syndrome constitutes a disability.

3. For purposes of this act Retaliation includes, but is not limited to, demotion, discipline, firing, salary reduction, job/shift reassignment, or any other negative job action.

4. For purposes of this act Support System means services or care provided by a practitioner-approved caregiver, hospitality or caregiver network, or medical care facility.

4. This act shall take effect ninety (90) days after its passage.


TITLE II: ORGAN TRANSPLANTS

1. It is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability:

A. Consider an individual ineligible to receive an anatomical gift or organ transplant.

B. Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services.

C. Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant.

D. Refuse to place a qualified recipient on an organ transplant waiting list.

E. 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.

F. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.

2. Notwithstanding the provisions of section 1 of this title, a covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found medically significant to the provision of the anatomical gift, pursuant to a new or existing diagnosis or evaluation by a medical practitioner. by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.

3. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of section 2 of this title.

4. A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

5. A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking these steps would fundamentally alter the nature of the medical services or other services related to organ transplantation.

6. The provisions of this title apply to all stages of the organ transplant process.

7. No covered entity offering a health insurance policy in interregional commerce that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants shall do any of the following:

A. Deny coverage to an insured solely on the basis of that individual’s disability.

B. Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health insurance policy solely for the purpose of avoiding the requirements of this section.

C. Attempt to induce a health care provider to provide care to an insured in a manner inconsistent with this section by penalizing or otherwise reducing or limiting the reimbursement of a health care provider, or by providing monetary or nonmonetary incentives to a health care provider.

D. 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.

E. In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any amendment to the health benefit plan made pursuant to a collective bargaining agreement solely to conform to this section shall not be treated as a termination of the collective bargaining agreement.

F. Nothing in this section shall be deemed to require an insurer to provide coverage for a medically inappropriate organ transplant.


TITLE III: LIFE SUPPORT

1. No healthcare facility shall discontinue life-sustaining treatment to an incapacitated patient solely due to the futility of the patient's eventual recovery, unless the patient has signed an advance medical directive authorizing such discontinuation.


TITLE IV: FRIVOLOUS LAWSUITS

1. No federal court shall hear or rule upon any civil case raising a claim of wrongful birth or wrongful life.


TITLE V: DONOR PROTECTIONS

1. An employer operating in interregional commerce with more than fifty (50) employees must provide paid leaves of absence to employee(s) who are about to undergo a medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

2. The length of the paid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 48 hours, unless agreed upon by both the employer, as well as their employee in question.

3. The employer may require official verification an employee seeking organ or bone marrow donation by a physician regarding the purpose and length of each leave requested by the employee.

4. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

5. An employer must provide unpaid leaves of absence to employee(s) who are about to undergo medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

6. The length of the unpaid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 8 weeks, unless agreed upon by both the employer, as well as their employee in question.

7. An employer is not permitted to retaliate or sanction against an employee for requesting leave, whether paid or unpaid.

8. No person seeking an organ donation may be prohibited from declining an otherwise-compatible donated organ that he is religiously opposed to accepting. Such refusal shall not result in the forfeiture of his priority of receiving an organ donation when a compatible donation to which he is not religiously opposed becomes available.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #4 on: March 13, 2023, 12:05:56 PM »

24 hours to object to the amendment
Logged
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW Show only this user's posts in this thread
« Reply #5 on: March 15, 2023, 11:31:59 AM »

It appears the recent amendment has passed without objection.

I would like to know if any other senators wish to speak in favor/opposition of this bill.
Logged
LAKISYLVANIA
Lakigigar
Atlas Icon
*****
Posts: 15,267
Belgium


Political Matrix
E: -7.42, S: -4.78

P P P
Show only this user's posts in this thread
« Reply #6 on: March 15, 2023, 12:52:51 PM »

I support this.
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,118
United States


Show only this user's posts in this thread
« Reply #7 on: March 18, 2023, 10:54:09 PM »

This bill prohibits insurers and healthcare providers from refusing to provide organ donations to disabled persons including persons with down syndrome. The goal is to prohibit european and Canadian style death panels.

Its a times like this, you realize that eugenics is not a past horror but a potential future one as well seeping in on the edges.
Logged
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW Show only this user's posts in this thread
« Reply #8 on: March 19, 2023, 01:37:30 PM »

Considering the urgency of potential life-saving provisions within this bill, I motion for a final vote.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #9 on: March 20, 2023, 06:33:35 PM »

24 hours to object
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #10 on: March 22, 2023, 04:42:52 PM »

A final vote is now open on this bill lasting until Sunday midnight eastern. Please vote Aye, Nay, or abstain.

Quote
CHOOSE LIFE ACT

Quote
TITLE I: DEFINITIONS AND ENACTMENT

1. For purposes of this act covered entity means any insurer who sells or offers health insurance in interregional commerce and any healthcare provider who accepts federal funds.

2. For purposes of this act disability includes but is not limited to physical, mental, and development disabilities. Down syndrome constitutes a disability.

3. For purposes of this act Retaliation includes, but is not limited to, demotion, discipline, firing, salary reduction, job/shift reassignment, or any other negative job action.

4. For purposes of this act Support System means services or care provided by a practitioner-approved caregiver, hospitality or caregiver network, or medical care facility.

5. This act shall take effect ninety (90) days after its passage.


TITLE II: ORGAN TRANSPLANTS

1. It is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability:

A. Consider an individual ineligible to receive an anatomical gift or organ transplant.

B. Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services.

C. Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant.

D. Refuse to place a qualified recipient on an organ transplant waiting list.

E. 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.

F. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.

2. Notwithstanding the provisions of section 1 of this title, a covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found medically significant to the provision of the anatomical gift, pursuant to a new or existing diagnosis or evaluation by a medical practitioner.

3. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of section 2 of this title.

4. A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

5. A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking these steps would fundamentally alter the nature of the medical services or other services related to organ transplantation.

6. The provisions of this title apply to all stages of the organ transplant process.

7. No covered entity offering a health insurance policy in interregional commerce that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants shall do any of the following:

A. Deny coverage to an insured solely on the basis of that individual’s disability.

B. Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health insurance policy solely for the purpose of avoiding the requirements of this section.

C. Attempt to induce a health care provider to provide care to an insured in a manner inconsistent with this section by penalizing or otherwise reducing or limiting the reimbursement of a health care provider, or by providing monetary or nonmonetary incentives to a health care provider.

D. 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.

E. In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any amendment to the health benefit plan made pursuant to a collective bargaining agreement solely to conform to this section shall not be treated as a termination of the collective bargaining agreement.

F. Nothing in this section shall be deemed to require an insurer to provide coverage for a medically inappropriate organ transplant.


TITLE III: LIFE SUPPORT

1. No healthcare facility shall discontinue life-sustaining treatment to an incapacitated patient solely due to the futility of the patient's eventual recovery, unless the patient has signed an advance medical directive authorizing such discontinuation.


TITLE IV: FRIVOLOUS LAWSUITS

1. No federal court shall hear or rule upon any civil case raising a claim of wrongful birth or wrongful life.


TITLE V: DONOR PROTECTIONS

1. An employer operating in interregional commerce with more than fifty (50) employees must provide paid leaves of absence to employee(s) who are about to undergo a medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

2. The length of the paid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 48 hours, unless agreed upon by both the employer, as well as their employee in question.

3. The employer may require official verification an employee seeking organ or bone marrow donation by a physician regarding the purpose and length of each leave requested by the employee.

4. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

5. An employer must provide unpaid leaves of absence to employee(s) who are about to undergo medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

6. The length of the unpaid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 8 weeks, unless agreed upon by both the employer, as well as their employee in question.

7. An employer is not permitted to retaliate or sanction against an employee for requesting leave, whether paid or unpaid.

8. No person seeking an organ donation may be prohibited from declining an otherwise-compatible donated organ that he is religiously opposed to accepting. Such refusal shall not result in the forfeiture of his priority of receiving an organ donation when a compatible donation to which he is not religiously opposed becomes available.
Logged
West_Midlander
Junior Chimp
*****
Posts: 6,986
United States


Political Matrix
E: -2.19, S: 1.22

Show only this user's posts in this thread
« Reply #11 on: March 22, 2023, 04:43:45 PM »

Aye
Logged
Pyro
PyroTheFox
Junior Chimp
*****
Posts: 6,706
United States


WWW Show only this user's posts in this thread
« Reply #12 on: March 22, 2023, 05:40:00 PM »

Aye
Logged
LAKISYLVANIA
Lakigigar
Atlas Icon
*****
Posts: 15,267
Belgium


Political Matrix
E: -7.42, S: -4.78

P P P
Show only this user's posts in this thread
« Reply #13 on: March 22, 2023, 05:40:28 PM »

Aye
Logged
NewYorkExpress
Atlas Star
*****
Posts: 24,817
United States


Show only this user's posts in this thread
« Reply #14 on: March 22, 2023, 05:43:30 PM »

Aye
Logged
At-Large Senator LouisvilleThunder
LouisvilleThunder
Atlas Politician
Junior Chimp
*****
Posts: 5,906
United States


Political Matrix
E: 1.55, S: 1.74

P P P
Show only this user's posts in this thread
« Reply #15 on: March 22, 2023, 06:51:29 PM »

Aye
Logged
Mad Deadly Worldwide Communist Gangster Computer God
Just Passion Through
Atlas Legend
*****
Posts: 45,345
Norway


Political Matrix
E: -6.32, S: -7.48

P P P

Show only this user's posts in this thread
« Reply #16 on: March 23, 2023, 11:05:10 PM »

Aye
Logged
Senator Spiral
Spiral
Atlas Politician
YaBB God
*****
Posts: 4,537
Bosnia and Herzegovina


Show only this user's posts in this thread
« Reply #17 on: March 25, 2023, 12:11:05 PM »

Aye
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #18 on: March 25, 2023, 12:18:18 PM »

Aye
Logged
Southern Senator North Carolina Yankee
North Carolina Yankee
Moderator
Atlas Institution
*****
Posts: 54,118
United States


Show only this user's posts in this thread
« Reply #19 on: March 25, 2023, 07:57:41 PM »

Aye
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #20 on: March 28, 2023, 11:25:19 PM »

Passes 9-0-0-9.
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,820
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #21 on: April 03, 2023, 09:32:40 PM »

Quote
Quote
CHOOSE LIFE ACT

Quote
TITLE I: DEFINITIONS AND ENACTMENT

1. For purposes of this act covered entity means any insurer who sells or offers health insurance in interregional commerce and any healthcare provider who accepts federal funds.

2. For purposes of this act disability includes but is not limited to physical, mental, and development disabilities. Down syndrome constitutes a disability.

3. For purposes of this act Retaliation includes, but is not limited to, demotion, discipline, firing, salary reduction, job/shift reassignment, or any other negative job action.

4. For purposes of this act Support System means services or care provided by a practitioner-approved caregiver, hospitality or caregiver network, or medical care facility.

5. This act shall take effect ninety (90) days after its passage.


TITLE II: ORGAN TRANSPLANTS

1. It is unlawful for a covered entity to do any of the following, solely on the basis of an individual’s disability:

A. Consider an individual ineligible to receive an anatomical gift or organ transplant.

B. Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services.

C. Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant.

D. Refuse to place a qualified recipient on an organ transplant waiting list.

E. 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.

F. Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift or organ transplant, including post-transplantation and post-transfusion care.

2. Notwithstanding the provisions of section 1 of this title, a covered entity may take an individual’s disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found medically significant to the provision of the anatomical gift, pursuant to a new or existing diagnosis or evaluation by a medical practitioner.

3. If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual’s inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of section 2 of this title.

4. A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

5. A covered entity shall take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking these steps would fundamentally alter the nature of the medical services or other services related to organ transplantation.

6. The provisions of this title apply to all stages of the organ transplant process.

7. No covered entity offering a health insurance policy in interregional commerce that provides coverage for anatomical gifts, organ transplants, or treatment and services related to anatomical gifts or transplants shall do any of the following:

A. Deny coverage to an insured solely on the basis of that individual’s disability.

B. Deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health insurance policy solely for the purpose of avoiding the requirements of this section.

C. Attempt to induce a health care provider to provide care to an insured in a manner inconsistent with this section by penalizing or otherwise reducing or limiting the reimbursement of a health care provider, or by providing monetary or nonmonetary incentives to a health care provider.

D. 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.

E. In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any amendment to the health benefit plan made pursuant to a collective bargaining agreement solely to conform to this section shall not be treated as a termination of the collective bargaining agreement.

F. Nothing in this section shall be deemed to require an insurer to provide coverage for a medically inappropriate organ transplant.


TITLE III: LIFE SUPPORT

1. No healthcare facility shall discontinue life-sustaining treatment to an incapacitated patient solely due to the futility of the patient's eventual recovery, unless the patient has signed an advance medical directive authorizing such discontinuation.


TITLE IV: FRIVOLOUS LAWSUITS

1. No federal court shall hear or rule upon any civil case raising a claim of wrongful birth or wrongful life.


TITLE V: DONOR PROTECTIONS

1. An employer operating in interregional commerce with more than fifty (50) employees must provide paid leaves of absence to employee(s) who are about to undergo a medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

2. The length of the paid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 48 hours, unless agreed upon by both the employer, as well as their employee in question.

3. The employer may require official verification an employee seeking organ or bone marrow donation by a physician regarding the purpose and length of each leave requested by the employee.

4. If there is a medical determination that the employee does not qualify as a bone marrow or organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.

5. An employer must provide unpaid leaves of absence to employee(s) who are about to undergo medical procedure to donate bone marrow and/or an organ (partial or complete) to another person.

6. The length of the unpaid leave of absence may be decided by the employee undergoing the procedure, but may not exceed 8 weeks, unless agreed upon by both the employer, as well as their employee in question.

7. An employer is not permitted to retaliate or sanction against an employee for requesting leave, whether paid or unpaid.

8. No person seeking an organ donation may be prohibited from declining an otherwise-compatible donated organ that he is religiously opposed to accepting. Such refusal shall not result in the forfeiture of his priority of receiving an organ donation when a compatible donation to which he is not religiously opposed becomes available.

Passed 9-0-0-9 in the Atlasian Senate assembled.

- R, PPT
Logged
Joseph Cao
Rep. Joseph Cao
Atlas Politician
Junior Chimp
*****
Posts: 5,226


Show only this user's posts in this thread
« Reply #22 on: April 03, 2023, 11:17:30 PM »

Thank you to half the Senate for passing this!

But where are the other half, though, seriously.
Logged
LAKISYLVANIA
Lakigigar
Atlas Icon
*****
Posts: 15,267
Belgium


Political Matrix
E: -7.42, S: -4.78

P P P
Show only this user's posts in this thread
« Reply #23 on: April 04, 2023, 12:25:18 AM »

Thank you to half the Senate for passing this!

But where are the other half, though, seriously.

More busy with explaining why they should be elected in the senate and why we are bad options in the senate, instead of actually doing something in the senate.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.069 seconds with 11 queries.