Charlotte Woodward Organ Transplant Discrimination Prevention Act
- Bill Number
- S. 1782
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-06-22: Placed on Senate Legislative Calendar under General Orders. Calendar No. 441.
- Last Updated
- 2026-07-06T19:58:12Z
AI-Generated Summary
Purpose The legislation, titled the Charlotte Woodward Organ Transplant Discrimination Prevention Act, aims to prohibit discrimination based on mental or physical disability in access to organ transplants and related services.
Key Provisions
- Definitions: Updates terms such as covered entity (limited to entities receiving federal financial assistance or public entities under ADA Title II), qualified individual with a disability, organ, related services, and reasonable modifications, aligning them with existing federal disability laws.
- Prohibition of Discriminatory Policy: Amends section 372(b)(2)(B) of the Public Health Service Act to bar the Organ Procurement and Transplantation Network from establishing medical criteria that discriminate on the basis of disability in organ allocation.
- Prohibition of Discrimination: Bars covered entities from denying eligibility, transplants, referrals, or waitlist placement solely due to disability, while allowing individualized medical assessments where disability is medically significant.
- Reasonable Modifications and Auxiliary Aids: Requires covered entities to provide reasonable modifications (including supported decision-making) and auxiliary aids unless doing so would fundamentally alter the program or create an undue burden.
- Enforcement and Reporting: Directs complaints to the HHS Office for Civil Rights for expedited resolution and mandates annual reports to Congress on complaints, processes, results, and resource needs.
- Rule of Construction: Preserves and does not limit rights under the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, or stronger state laws.
Significant Changes to Existing Law
- Explicitly extends disability nondiscrimination protections to organ transplant processes by amending OPTN allocation criteria.
- Shifts covered entity scope to focus on federally assisted or public programs rather than broader interstate commerce criteria.
- Introduces mandatory annual congressional reporting on enforcement activities.
- Clarifies that inability to comply independently with post-transplant requirements is not medically significant if reasonable modifications enable compliance.
Potential Impacts
- Government Agencies: Increases responsibilities for the HHS Office for Civil Rights in handling and reporting transplant-related disability complaints.
- Citizens: Enhances access to organ transplants for individuals with disabilities by requiring individualized assessments and support modifications.
- International Relations: No direct effects identified.
Main Stakeholders Affected
- Individuals with disabilities seeking organ transplants and their support networks.
- Transplant hospitals, organ procurement organizations, and other covered entities.
- The Department of Health and Human Services (particularly the Office for Civil Rights).
- State and local governments operating related programs.
Notable Legal, Constitutional, or Political Implications
- Reinforces existing frameworks under the ADA and Rehabilitation Act without creating new standalone causes of action or superseding stronger protections.
- Ties enforcement to federal financial assistance and public entity status, consistent with Spending Clause and Commerce Clause authorities.
- Emphasizes individualized medical judgment over categorical exclusions based on disability.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (21)
Sen. Hassan, Margaret Wood [D-NH], Sen. Scott, Rick [R-FL], Sen. Smith, Tina [D-MN], Sen. Daines, Steve [R-MT], Sen. Kaine, Tim [D-VA], Sen. Hyde-Smith, Cindy [R-MS], Sen. Whitehouse, Sheldon [D-RI], Sen. Blackburn, Marsha [R-TN], Sen. Warner, Mark R. [D-VA], Sen. Schmitt, Eric [R-MO], Sen. Warnock, Raphael G. [D-GA], Sen. Coons, Christopher A. [D-DE], Sen. Justice, James C. [R-WV], Sen. Marshall, Roger [R-KS], Sen. Kelly, Mark [D-AZ], Sen. Fetterman, John [D-PA], Sen. Van Hollen, Chris [D-MD], Sen. Reed, Jack [D-RI], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Budd, Ted [R-NC], Sen. Capito, Shelley Moore [R-WV]
Recent Actions
- 2026-06-22: Placed on Senate Legislative Calendar under General Orders. Calendar No. 441.
- 2026-06-22: Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
- 2026-06-22: Committee on Health, Education, Labor, and Pensions. Reported by Senator Cassidy with an amendment in the nature of a substitute. Without written report.
- 2026-06-17: Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2025-05-15: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-05-15: Introduced in Senate
Bill Versions
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2025-05-15 — PDF (11 pages)
- Charlotte Woodward Organ Transplant Discrimination Prevention Act — issued 2026-06-22 — PDF (22 pages)