N.M. Stat. § 24-6B-26

Current through 2024, ch. 69

Section 24-6B-26 - Discrimination against recipients based on disability prohibited; enforcement

A. As used in this section:

(1) "covered entity" means an organ procurement organization, hospital, transplant hospital, physician, insurance company or plan or health maintenance organization; and

(2) "disability" means a severe chronic physical or mental impairment that results in substantial functional limitations in one or more of the following areas of major life activity:

(a) self-care;

(b) receptive and expressive language;

(c) learning;

(d) mobility;

(e) self-determination; and

(f) capacity for independent living.

B. The provisions of this section apply to all stages of the transplant process.

C. A covered entity shall not discriminate against a person with a disability in the receipt of an anatomical gift and shall not, solely on the basis of a person's disability:

(1) consider the person ineligible to receive an anatomical gift;

(2) deny transplantation-related services;

(3) refuse to refer the person to an organ procurement organization, transplant hospital or other related specialist for the purpose of being evaluated for or receiving an anatomical gift;

(4) refuse to place an otherwise qualified recipient on an anatomical gift waiting list;

(5) place an otherwise qualified recipient on an anatomical gift waiting list at a lower priority position than the position at which the recipient would have been placed if the recipient did not have a disability; or

(6) refuse insurance coverage for any procedures associated with being evaluated for or receiving an anatomical gift, including post-surgical medical care.

D. A covered entity may take a person's disability into account when making treatment recommendations or decisions only to the extent that the disability has been found by a physician to be medically significant to the provision of the anatomical gift after an individualized evaluation of the person. If a person with a disability has the necessary support system to assist the person in complying with post-surgical medical requirements, a covered entity shall not consider the person's inability to independently comply with post-surgical medical requirements to be medically significant.

E. A person affected by a violation of the provisions of this section may commence a civil action in district court.

F. Nothing in this section is intended to limit or replace available remedies under the federal Americans with Disabilities Act of 1990 or other applicable law.

NMS § 24-6B-26

Added by 2023, c. 171,s. 2, eff. 4/5/2023.