Charlotte Woodward Organ Transplant Discrimination Prevention Act
- Bill Number
- H.R. 1520
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Passed House
- Latest Action
- 2025-06-24: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-07-10T20:23:20Z
AI-Generated Summary
Purpose
The Charlotte Woodward Organ Transplant Discrimination Prevention Act aims to prevent discrimination against individuals with mental or physical disabilities in the organ transplant process. It ensures that people with disabilities have equal access to organ transplants and related services, unless a disability is medically significant after an individualized assessment.
Key Provisions
- Definitions: The Act defines key terms, including:
- Covered entity: Healthcare providers (e.g., hospitals, doctors, nursing facilities) and transplant hospitals involved in interstate commerce.
- Disability: As defined under the Americans with Disabilities Act (ADA), meaning a physical or mental impairment that substantially limits major life activities.
- Qualified individual: A person eligible for an organ transplant, with or without support like family, friends, or community services.
- Reasonable modifications: Changes to policies, such as including support networks in post-transplant care or using supported decision-making (where a trusted person helps with choices without overriding them).
- Related services: Includes evaluation, counseling, treatment, and post-operative care linked to transplants.
- Support network: People chosen by the individual (or their guardian) to assist with decisions and care, such as family or community members.
- Prohibition on Discriminatory Policies (Sec. 3): The Organ Procurement and Transplantation Network (OPTN) board cannot issue policies or recommendations that block or limit access to transplants solely because of a person's disability.
- Prohibition on Discrimination (Sec. 4):
- Covered entities cannot deny eligibility, refuse transplants or services, withhold referrals to specialists, or exclude someone from transplant waiting lists based solely on disability.
- Exception: A disability can be considered only if a doctor, after a personalized review, determines it is medically significant to the transplant's success. However, the presence of a support network means inability to independently follow post-transplant requirements (e.g., taking medication) is not deemed medically significant.
- Entities must make reasonable modifications to policies to accommodate disabilities, unless it fundamentally changes the service.
- No denial of services due to lack of auxiliary aids (e.g., interpreters or communication tools), unless it causes undue burden.
- Enforcement: Individuals can file complaints with the Department of Health and Human Services (HHS) Office for Civil Rights for quick resolution; this adds to, but does not replace, existing ADA remedies.
- Full Process Coverage (Sec. 5): Protections apply to every stage, from initial evaluation and waiting list placement to the transplant surgery and follow-up care.
- Relation to Other Laws (Sec. 6): The Act does not override state or local laws that offer stronger protections for people with disabilities in transplants.
Significant Changes to Existing Law
- Builds on the ADA (1990) and related laws like the Rehabilitation Act (1973) by explicitly applying anti-discrimination rules to organ transplants, which were not previously detailed.
- Prohibits blanket policies by the OPTN that could exclude people with disabilities, addressing gaps where medical decisions might overlook support systems.
- Introduces requirements for considering support networks and supported decision-making, shifting focus from individual independence to holistic assessments.
- Clarifies that exceptions for "medically significant" disabilities require individualized evaluations, preventing broad denials based on disability alone.
Potential Impacts
- On Government Agencies: HHS's Office for Civil Rights will handle new complaints, potentially increasing workload but improving enforcement of disability rights in healthcare. The OPTN must align its policies with the Act.
- On Citizens: People with disabilities may gain better access to life-saving transplants, reducing barriers and promoting equity. It could lead to more inclusive medical evaluations, benefiting those with intellectual or developmental disabilities who have support systems.
- On International Relations: Minimal direct impact, as the Act focuses on U.S. healthcare providers; however, it may influence global standards for transplant equity through U.S. leadership in health policy.
Main Stakeholders Affected
- Individuals with Disabilities: Primary beneficiaries, especially those needing transplants and relying on support networks.
- Healthcare Providers and Transplant Hospitals: Must comply with non-discrimination rules, make modifications, and conduct individualized assessments, potentially altering decision-making processes.
- Organ Procurement and Transplantation Network (OPTN): Required to revise policies to eliminate disability-based barriers.
- Department of Health and Human Services (HHS): Gains enforcement responsibilities via its Office for Civil Rights.
- Families and Support Networks: Empowered to participate in care decisions, including post-transplant support funded by programs like Medicare or Medicaid.
- Advocacy Groups: Organizations for disability rights (e.g., those aligned with ADA) may see expanded opportunities to challenge discriminatory practices.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement under the ADA and Affordable Care Act by providing a specific pathway for transplant-related complaints, potentially leading to more lawsuits if entities fail to accommodate. The "medically significant" exception balances anti-discrimination with medical ethics, but could invite challenges over what constitutes an "individualized evaluation."
- Constitutional: Aligns with the Equal Protection Clause of the 14th Amendment by promoting equal access to healthcare without undue discrimination, though it respects providers' rights to avoid "medically inappropriate" procedures.
- Political: Advances disability rights advocacy, named after Charlotte Woodward (implying a real-world case of discrimination), and could spark debates on balancing patient autonomy with resource allocation in scarce organ supplies. It encourages broader inclusion in healthcare policy without overriding state protections.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (28)
Rep. Dingell, Debbie [D-MI-6], Rep. Issa, Darrell [R-CA-48], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Sessions, Pete [R-TX-17], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Tonko, Paul [D-NY-20], Rep. Stauber, Pete [R-MN-8], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Tenney, Claudia [R-NY-24], Rep. Moulton, Seth [D-MA-6], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Miller, Mary E. [R-IL-15], Rep. Davis, Donald G. [D-NC-1], Rep. Maloy, Celeste [R-UT-2], Rep. Cohen, Steve [D-TN-9], Rep. Rutherford, John H. [R-FL-5], Rep. Hinson, Ashley [R-IA-2], Rep. Harshbarger, Diana [R-TN-1], Rep. Connolly, Gerald E. [D-VA-11], Rep. Bice, Stephanie I. [R-OK-5], Rep. Gottheimer, Josh [D-NJ-5], Rep. Wittman, Robert J. [R-VA-1], Rep. Harder, Josh [D-CA-9], Rep. Craig, Angie [D-MN-2], Rep. Magaziner, Seth [D-RI-2], Rep. Bacon, Don [R-NE-2], Rep. Garbarino, Andrew R. [R-NY-2]
Recent Actions
- 2025-06-24: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-06-23: Motion to reconsider laid on the table Agreed to without objection.
- 2025-06-23: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2858-2859)
- 2025-06-23: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2858-2859)
- 2025-06-23: DEBATE - The House proceeded with forty minutes of debate on H.R. 1520.
- 2025-06-23: Considered under suspension of the rules. (consideration: CR H2858-2860)
- 2025-06-23: Mr. Bilirakis moved to suspend the rules and pass the bill.
- 2025-06-12: Placed on the Union Calendar, Calendar No. 126.
- 2025-06-12: Reported by the Committee on Energy and Commerce. H. Rept. 119-159.
- 2025-06-12: Reported by the Committee on Energy and Commerce. H. Rept. 119-159.
- 2025-04-29: Ordered to be Reported by the Yeas and Nays: 46 - 1.
- 2025-04-29: Committee Consideration and Mark-up Session Held
- 2025-02-24: Referred to the House Committee on Energy and Commerce.
- 2025-02-24: Introduced in House
- 2025-02-24: Introduced in House
Bill Versions
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2025-06-23 — PDF (14 pages)
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2025-02-24 — PDF (11 pages)
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2025-06-24 — PDF (12 pages)
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2025-06-12 — PDF (14 pages)