Ind. Code ch. 16-32-5

in effect

Ind. Code § 16-32-5-1 "Covered entity"

Sec. 1. As used in this chapter, "covered entity" means any of the following: (1) A licensed health care provider. (2) A hospital licensed under IC 16-21-2. (3) An ambulatory outpatient surgical center. (4) A hospice program licensed under IC 16-25-3. (5) A residential care facility. (6) A comprehensive care facility licensed under IC 16-28-2. (7) A correctional medical center established by the department of correction. (8) Any entity responsible for matching anatomical gift donors to potential recipients. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-2 "Qualified recipient"

Sec. 2. As used in this chapter, "qualified recipient" means a recipient who has a disability and meets the eligibility requirements for receipt of an anatomical gift regardless of the use of the following: (1) Individuals or entities available to support and assist the recipient with an anatomical gift or transplantation. (2) Auxiliary aids and services (as defined in IC 22-9-5-1). (3) Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications that allow for: (A) communication with one (1) or more individuals or entities available to support or assist with the recipient's care after surgery or transplantation; or (B) consideration of the availability of such individuals or entities when determining whether the recipient is able to comply with medical requirements following transplantation. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-3 Prohibited actions by covered entity

Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient: (1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift. (2) Deny medical or other services related to transplantation, including: (A) evaluation; (B) surgery; and (C) counseling and treatment following transplantation. (3) Refuse to refer a qualified recipient to a transplant center or specialist. (4) Refuse to place a qualified recipient on an organ or tissue waiting list. (5) Place a qualified recipient at a position on an organ or tissue waiting list that is lower than the position at which the qualified recipient would have been placed if not for the qualified recipient's disability. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-4 Permitted considerations by covered entity regarding anatomical gifts or transplantation

Sec. 4. Subject to section 5 of this chapter, if a health care provider has examined an individual and determined that the individual has a disability, a covered entity may consider, when making recommendations or decisions related to an anatomical gift or transplantation, the disability of the individual to be medically significant to the provision of the anatomical gift or transplantation. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-5 Qualified recipient's inability to comply with medical requirements

Sec. 5. A covered entity may not consider a qualified recipient's inability to comply with medical requirements following transplantation to be medically significant if a qualified recipient has individuals or entities available to assist in complying with the requirements. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-6 Reasonable modifications; exceptions

Sec. 6. A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation related treatment and services, except when the covered entity can demonstrate that the modifications would fundamentally alter the nature of the transplantation related treatment and services. As added by P.L.2-2019, SEC.8.

Ind. Code § 16-32-5-7 Cause of action

Sec. 7. (a) An individual who reasonably believes that a covered entity has violated this chapter may bring a civil action for injunctive or other equitable relief against the covered entity for the purpose of enforcing compliance with this chapter. (b) In an action commenced under this section, the court must: (1) schedule a hearing as soon as practicable; and (2) apply the same standards when rendering judgment as would be applied in an action brought in federal court under 42 U.S.C. 12101 et seq. (c) This section does not create a right to compensatory or punitive damages against a covered entity. As added by P.L.2-2019, SEC.8.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026