HB122 Alabama 2023 Session

Summary

Primary Sponsor

Debbie Wood

Republican

Session

Regular Session 2023

Title

Relating to health care; to prohibit discrimination against an individual with a disability in receiving an anatomical gift or organ transplant based on his or her disability; to require health care providers and organ transplant centers to provide reasonable accommodations to individuals with a disability in medical need of an anatomical gift or organ transplant; and to provide disabled individuals the right to equitable relief.

Summary

HB122 Exton's Law bans disability-based discrimination in organ transplants and anatomical gifts and requires providers to offer reasonable accommodations, with a right to equitable relief.

What This Bill Does

It prevents health care providers and transplant centers from denying an organ transplant or related services to someone solely because they have a disability. It requires covered entities to provide reasonable accommodations and auxiliary aids and services, such as interpreters, accessible materials, and decision-making support. It allows disability to be considered only if a physician, after an individualized evaluation, finds it medically significant for the transplant, and recognizes the importance of a support network for post-transplant care. If a violation occurs, individuals can file a civil action to obtain injunctive or other equitable relief, with priority expedited review.

Who It Affects

• Individuals in Alabama who have disabilities and need an anatomical gift or organ transplant, who would be protected from discrimination and entitled to accommodations.
• Health care providers, hospitals, organ transplant centers, and other covered entities that arrange, evaluate, or provide transplantation services, who must provide accommodations and ensure non-discrimination and may face civil action if they violate.

Key Provisions

• Prohibits discrimination in eligibility, evaluation, waiting lists, referral, and post-transplant care based on disability.
• Requires covered entities to provide reasonable accommodations and auxiliary aids and services, and to support decision-making for the patient.
• Defines key terms including anatomical gift, organ transplant, disability, covered entity, qualified individual, and supported decision-making.
• Permits disability to be considered only when medically significant to the transplant, per physician evaluation, and recognizes the role of support networks.
• Requires modifications to policies or practices to provide access unless it would fundamentally alter services or be an undue burden.
• Establishes a civil action mechanism for enforcement with expedited review and possible attorney’s fees as part of costs.
• Effective date: becomes law on the first day of the third month after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Discrimination and Civil Protections, disabled persons, organ transplants