Prohibited actions by covered entity

Ind. Code § 16-32-5-3, under Chapter 5. Anatomical Gifts and Transplantation.

Ind. Code § 16-32-5-3

Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient: (1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift. (2) Deny medical or other services related to transplantation, including: (A) evaluation; (B) surgery; and (C) counseling and treatment following transplantation. (3) Refuse to refer a qualified recipient to a transplant center or specialist. (4) Refuse to place a qualified recipient on an organ or tissue waiting list. (5) Place a qualified recipient at a position on an organ or tissue waiting list that is lower than the position at which the qualified recipient would have been placed if not for the qualified recipient's disability. As added by P.L.2-2019, SEC.8.

IC 16-32-5-4 Permitted considerations by covered entity regarding anatomical gifts or transplantation Sec. 4. Subject to section 5 of this chapter, if a health care provider has examined an individual and determined that the individual has a disability, a covered entity may consider, when making recommendations or decisions related to an anatomical gift or transplantation, the disability of the individual to be medically significant to the provision of the anatomical gift or transplantation. As added by P.L.2-2019, SEC.8.