(a) As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:- "Auxiliary aids and services", auxiliary aids and services as defined in the Americans with Disabilities Act of 1990 as amended by 42 U.S.C. 12103.
"Covered entity", a licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities and prison health centers.
"Disability", a disability as defined in the Americans with Disabilities Act of 1990 as amended by 42 U.S.C. 12102.
"Organ transplant", the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.
"Qualified individual", an individual who, with or without the support networks available to them, provision of auxiliary aids and services or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.
"Reasonable modification" or "reasonable modifications to policies or practices", may include, but shall not be limited to including:
(i) communication with individuals responsible for supporting an individual with postsurgical and posttransplantation care, including medication;(ii) consideration of support networks available to the individual, including family, friends and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which an individual is enrolled or any program or source of funding available to the individual, in determining whether the individual is able to comply with posttransplant medical requirements.(i)(1) Any person subjected to discrimination in violation of subsection (b) or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of said subsection (b) may bring an action in the appropriate court for injunctive or other equitable relief.(2) The attorney general shall investigate alleged violations of this section and shall undertake periodic reviews of compliance of covered entities. If the attorney general has reasonable cause to believe that:
(i) a person or group of persons is engaged in a pattern or practice of discrimination under this section; or(ii) a person or group of persons has been discriminated against under this section and such discrimination raises an issue of general public importance, the attorney general may commence a civil action in an appropriate state court.(3) In a civil action commenced under this subsection, the court may: (i) grant such equitable relief as it considers appropriate, to the extent required by this section;(ii) grant injunctive, temporary, preliminary or permanent relief;(iii) require an auxiliary aid or service or the modification of a policy, practice or procedure or require an alternative method;(iv) require that facilities shall be made readily accessible to and usable by individuals with disabilities;(v) award such other relief as the court considers appropriate, including monetary damages to aggrieved persons.In addition, the court may assess a civil penalty against a covered entity of not more than $50,000 for a first violation and not more than $100,000 for a second or subsequent violation. For the purposes of determining whether a first or subsequent violation has occurred, a determination in a single action, by either a judgment or settlement, that the covered entity has engaged in more than 1 discriminatory act shall be counted as a single violation.