Nevada § 460.160 - Prohibition on discrimination on basis of disability; circumstances under which consideration of disability proper; duties of provider; exceptions; aggrieved person may institute civil action

§ 460.160. Prohibition on discrimination on basis of disability; circumstances under which consideration of disability proper; duties of provider; exceptions; aggrieved person may institute civil action

1. A provider of medical or related services shall not, solely on the basis of a person's

disability: (a) Determine that the person is ineligible to receive an anatomical gift; (b) Refuse to perform any medical service or other service related to an organ transplant,

including, without limitation: (1) Referral to an organ transplant center; (2) Diagnostic tests; (3) Evaluation of eligibility for an organ transplant; (4) Surgery; and (5) Other services required for the care of a transplant patient; (c) Refuse to place the person on a waiting list for an organ transplant if the person

is otherwise a suitable candidate for a transplant; or (d) Place the person on a waiting list for an organ transplant in a lower priority

position than the position at which the person would have been placed if the person

did not have a disability. 2. A provider of medical or related services may consider a person's disability when

making recommendations or decisions concerning an organ transplant only to the extent

that the disability has been found by a physician to be medically relevant to the

organ transplant. In making such a determination, a physician shall not consider the inability of

the person with a disability to independently comply with the directions of a physician

regarding postoperative care to be medically relevant to the organ transplant if,

in the opinion of the physician, the person will be able to comply with such directions

with the assistance of a person who can reasonably be expected to support or provide

service to the person with a disability. 3. Except as otherwise provided in subsection 4, a provider of medical or related

services shall: (a) Make reasonable modifications to any policy, procedure or practice necessary to

provide a person with a disability access to any medical service or other service

provided by the provider of medical or related services that is related to an organ

transplant. (b) Take any steps necessary to ensure that a person with a disability is not denied

any medical service or other service provided by the provider of medical or related

services that is related to an organ transplant due to the absence of auxiliary aids

or services. (c) Communicate with a supporter named in a supported decision-making agreement pursuant

to chapter 162C of NRS to assist the supporter in providing assistance to a person with a disability to

gather and access information, make informed decisions and communicate decisions. 4. A provider of medical or related services is not required to comply with the requirements

of: (a) Paragraph (a) of subsection 3 if the provider of medical or related services determines

that making such modifications would fundamentally alter a service. (b) Paragraph (b) or (c) of subsection 3 if the provider of medical or related services

determines that performing such actions would fundamentally alter a service or cause

an undue hardship on the provider of medical or other related services. 5. Nothing in this section shall be deemed to require a provider of medical or related

services to perform any medical service or other service related to an organ transplant,

including, without limitation, making any referral or recommendation, that the provider

of medical or related services determines is medically inappropriate. 6. A person aggrieved by a violation of this section may institute a civil action

in a court of competent jurisdiction for injunctive or any other appropriate relief

to prohibit and prevent the violation. A court shall give priority over other civil actions to an action brought pursuant

to this subsection. 7. An injunction issued pursuant to subsection 6 does not abrogate and is in addition

to any other remedies and penalties that may exist at law or in equity. 8. As used in this section: (a) “Anatomical gift” has the meaning ascribed to it in NRS 451.513 . (b) “ Auxiliary aids or services ” means an aid or service that is used to ensure effective communication with a person

with a disability, including, without limitation: (1) Qualified interpreters or other effective methods of making aurally delivered

information available to a person who is deaf or hard of hearing; and (2) Qualified readers, taped texts, accessible electronic and information technology

or other effective methods of making visually delivered materials available to a person

who is blind. (c) “Disability” has the meaning ascribed to it in 42 U.S.C. § 12102(1) . (d) “Facility for the dependent” has the meaning ascribed to it in NRS 449.0045 . (e) “ Fundamentally alter ” means to change so significantly as to alter the essential nature of the services. (f) “Medical facility” has the meaning ascribed to it in NRS 449.0151 . (g) “Person who is blind” has the meaning ascribed to it in NRS 426.082 . (h) “Person who is deaf” has the meaning ascribed to it in NRS 426.084 . (i) “ Physician ” means a physician licensed pursuant to chapter 630 or 633 of NRS . (j) “Provider of health care” has the meaning ascribed to it in NRS 629.031 . (k) “ Provider of medical or related services ” means a provider of health care, a medical facility, a facility for the dependent,

the Department of Corrections, a city or county jail or any person who provides medical

services to a person incarcerated in a prison or a city or county jail. (l) “Supporter” has the meaning ascribed to it in NRS 162C.090 .