The Legislature finds all of the following:

1. (1) A mental or physical disability does not diminish an individual’s right to health care.
2. (2) The Americans with Disabilities Act of 1990 prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services.
3. (3) Historically, individuals with mental and physical disabilities have been denied life-saving organ transplants based on assumptions their lives are less worthy, they are incapable of complying with post-transplant medical regimens, or they lack adequate support systems to ensure compliance.
4. (4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs.
5. (5) Alabama residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

(Act 2023-366, §2.)