West Virginia Code § 16-65-1

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

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