Legislation to prohibit discrimination against a potential organ transplant recipient based solely on the person’s physical or mental disability passed the House and moves to the governor to be signed into law.

Senate Bill 378 by Sen. Paul Rosino, R-Oklahoma, is a request from Edmond parents Rhys and Neely Gay, whose middle child, Everett, age 3, was diagnosed with Down Syndrome shortly after he was born and has a congenital heart defect. Everett is healthy after undergoing five surgeries but along the way, his parents learned that individuals with mental or physical challenges could be denied a life-saving transplant simply on the basis of a disability, so they began advocating for change. Their actions resulted in SB 378.

“On behalf of all families in Oklahoma, who have a loved one with disabilities, we are very proud and grateful that “Everett’s Law” passed both chambers of the Oklahoma State Legislature unanimously. We are hopeful, as this bill head to Governor Stitt’s desk for his consideration, that it will soon signed into law.”

Under SB 378, a health care provider responsible for matching gift donors and recipients may not:

• Deem the person ineligible to receive an anatomical gift or organ transplant
• Deny medical or related organ transplantation services
• Refuse to refer the person to a transplant center or other specialist for evaluation
• Refuse to place a person on an organ transplant waiting list
• Place a person at a lower position on an organ transplant waiting list
• Decline to accept insurance coverage for any procedure associated with the receipt of the gift

The bill prohibits health carriers from:

• Denying coverage solely on the basis of the disability
• Reducing provider reimbursement
• Limiting coverage benefits to a patient for services related to organ transplantation

Twelve other states have similar legislation.