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LRB-4412/1
JPC:cjs&amn
2021 - 2022 LEGISLATURE
September 2, 2021 - Introduced by Senators Jagler, Bradley, Darling, Feyen and
Ballweg, cosponsored by Representatives Born, Thiesfeldt, Armstrong,
Allen, Dittrich, Gundrum, James, Kuglitsch, Loudenbeck, Magnafici,
Novak, Oldenburg, Petryk, Plumer, Rozar, Steffen, Tittl, Tusler and
Edming. Referred to Committee on Health.
SB538,1,3 1An Act to create 157.06 (2) (bm), 157.06 (2) (cm) and 157.06 (15) of the statutes;
2relating to: prohibiting discrimination in organ transplantation on the basis
3of disability.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination against any individual in the receipt of an
anatomical gift or related services solely on the basis of the individual's disability.
However, this bill specifies that a hospital or transplant hospital may consider an
individual's disability in making treatment or coverage recommendations or
decisions, but only if a physician finds that the disability is medically significant to
the receipt of the anatomical gift following an individualized evaluation of the
individual. Under the bill, an individual's independent ability to comply with
posttransplantation medical requirements is not considered medically significant if
the evaluating physician concludes that the individual has the necessary support
system to assist the individual in complying with the posttransplantation medical
requirements. Further, the bill provides that an individual may bring an action in
circuit court for a violation of the bill. The bill requires the court to hold a hearing
within 30 days of the filing of the action. In an action before the circuit court, the
court may grant injunctive or equitable relief, including ordering necessary auxiliary
aids and services. Under the bill, “auxiliary aids and services” includes supported
decision-making services and methods to make delivered material available to
individuals with hearing or visual impairments.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB538,1 1Section 1. 157.06 (2) (bm) of the statutes is created to read:
SB538,2,22 157.06 (2) (bm) “Auxiliary aids and services” means any of the following:
SB538,2,43 1. Qualified interpreters or other effective methods of making aurally delivered
4material available to individuals with hearing impairments.
SB538,2,75 2. Qualified readers, audio recordings of texts, or other effective methods of
6making visually delivered material available to individuals with visual
7impairments.
SB538,2,88 3. Supported decision-making services.
SB538,2 9Section 2. 157.06 (2) (cm) of the statutes is created to read:
SB538,2,1010 157.06 (2) (cm) “Disability” has the meaning given in 42 USC 12102 (1).
SB538,3 11Section 3. 157.06 (15) of the statutes is created to read:
SB538,2,1412 157.06 (15) Discrimination in use of anatomical gifts prohibited. (a) Except
13as provided in pars. (c) and (d), no hospital or transplant hospital may, solely on the
14basis of an individual's disability, do any of the following:
SB538,2,1515 1. Consider an individual ineligible to receive an anatomical gift.
SB538,2,1816 2. Deny an individual any medical services or other services related to organ
17transplantation, including diagnostic services, surgery, postoperative treatment,
18and counseling.
SB538,2,2019 3. Refuse to refer an individual to a transplant hospital or an organ transplant
20specialist for the purpose of being evaluated for or receiving an anatomical gift.
SB538,2,2121 4. Refuse to place the individual on an organ transplant waiting list.
SB538,3,6
15. Place the individual on an organ transplant waiting list at a lower priority
2position than the position at which the individual would have been placed if the
3individual did not have a disability, unless the individual is placed at a lower priority
4position because the individual's disability relates directly to the medical need of the
5individual to receive the organ transplant and the individual's relative placement on
6the waiting list is reflective of the individual's medical need for the organ transplant.
SB538,3,107 (b) No person may refuse an individual insurance coverage for any procedure
8associated with being evaluated for or receiving an anatomical gift, including
9posttransplantation and posttransfusion care, solely on the basis of the individual's
10physical or mental disability.
SB538,3,1511 (c) 1. A hospital or transplant hospital may consider an individual's disability
12when making treatment or coverage decisions or recommendations related to organ
13transplantation, but only if a physician finds that the disability is medically
14significant to the receipt of the anatomical gift following an individualized
15evaluation of the individual.
SB538,3,2016 2. If the examining physician determines that the individual has the necessary
17support system to assist the individual in complying with posttransplantation
18medical requirements, an individual's inability to independently comply with those
19requirements may not be considered to be medically significant for purposes of subd.
201.
SB538,3,2221 (d) This subsection does not apply to eye transplants or services related to the
22provision of an eye transplant.
SB538,4,723 (e) An individual may bring an action for a violation of this subsection in the
24circuit court of the county where a violation occurs or the county where the individual
25resides. The circuit court shall give priority on its docket and expedited review to an

1action brought under this paragraph. The court shall hold a hearing within 30 days
2of the filing of the action. In an action brought under this paragraph, the court may
3grant injunctive or other equitable relief, including requiring that auxiliary aids and
4services be made available for the individual if and when necessary for the receipt
5of an organ transplant. In issuing any order for auxiliary aids and services under
6this subsection, the circuit court shall specify the party responsible for paying for the
7auxiliary aids and services and for how long the services are to be provided.
SB538,4,88 (End)
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