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If the bill passes the state House and is signed by the governor, Montana would become the 17th state to ban such discrimination. Similar bills are pending in seven other states and in Congress. Some experts doubt that such laws will be enforceable enough to eliminate discrimination.

More than , people are on the waiting list for organs nationwide, and average wait times for some organs extend three to five years , so physicians frequently have to make heart-rending decisions about which patients are likely to benefit most. Others believe such patients may not be able to comply with post-transplant requirements, such as taking immunosuppressive drugs. But the report, which scoured research papers and medical reports, found that none of the concerns is universally true.

Rather, disabled patients can benefit as much as any other patient, according to the NCD, an independent federal agency. Many intellectually disabled patients and their families see that firsthand. When Joe Eitl was born with a congenital heart defect in , his mother, Peg, was told that he would never be a candidate for a new heart because of his Down syndrome.

So when his heart failed in , eight hospitals refused to even consider a transplant for Joe, who lives with his mother in Philadelphia. She pleaded with transplant centers for more than a year and even considered suing them. In October, Vanderbilt University agreed to perform the procedure. Joe went home Feb. Because people with disabilities are a protected class in the U. In September, Magnus published a follow-up survey of more than transplant programs. Seventy-one percent said they would automatically disqualify an adult with an IQ under 35, which is considered severe intellectual disability; 12 percent would disqualify a child at that level.

Only about 20 percent of the institutions had formal guidelines about child patients. Magnus said he suspects that the numbers are low given that some physicians may be unwilling to admit to discrimination. When Joe Eitl was born in with a congenital heart defect, his mother, Peg, was told that Joe would never be a candidate for a new heart because of his Down syndrome.

So, when his heart failed in , eight hospitals refused to even consider a transplant for Joe, who lives with his mother in Philadelphia.

She pleaded with transplant centers for more than a year and even considered suing them. Last October, Vanderbilt University agreed to perform the procedure. Joe came home Feb. In September, Magnus published a follow-up survey of more than transplant programs. Magnus suspects these numbers are low given that some physicians may be unwilling to admit to discrimination. Transplant surgeons need to maximize the limited supply of organs and ensure they survive in the patients who receive them.

Abouljoud said institutions have differing standards for weighing the importance of an intellectual disability in a transplant decision. Ideally, he said, the committee that determines whether to list someone for a transplant will include social workers and behavioral psychologists, as well as program leadership, who can find ways to help the person comply.

On Feb. But Crane said physicians could still come up with a pretext to avoid adding a disabled person to the transplant list if they believe a person without a disability would benefit more from receiving an organ.

Although a similar nondiscrimination bill has been introduced in the U. House of Representatives, Crane said advocates prefer to focus on state laws.

Organizations like the autism group have taken the position that the ADA and other federal laws already prohibit this kind of discrimination, making federal legislation unnecessary. Gallegos added that states can also enact stricter requirements than the federal government and fit them to their specific medical systems. Under state laws, patients can appeal to local courts for an emergency injunction or restraining order. These hearings can be conducted quickly, allowing a judge to decide whether to compel an institution to add a person to the transplant list.

By Sara Reardon March 8, You must credit us as the original publisher, with a hyperlink to our khn.

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