Existing federal law prohibits discrimination on the basis of a disability in places of public accommodation. Existing federal law defines “public accommodation” to include certain private entities, including a professional office of a health care provider, hospital or other service establishment. (42 U.S.C. §§ 12101 et seq.) Existing state law similarly: (1) declares as its public policy the right of all people to have access to places of public accommodation without discrimination, distinction or restriction because of disability; and (2) makes it unlawful for places of public accommodation to discriminate against a person based on disability. (NRS 233.010, 651.050, 651.070) In alignment with federal law, existing state law defines “public accommodation” to include any office of a provider of health care, hospital or other service establishment. (NRS 651.050) Section 1 of this bill defines a “provider of medical or related services” to mean 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. Section 1: (1) prohibits a provider of medical or related services from taking certain actions relating to organ transplants solely on the basis of a person's disability; and (2) limits the extent to which a provider of medical or related services is authorized to consider a person's disability when making recommendations or decisions concerning an organ transplant. Section 1 also requires a provider of medical or related services to take certain actions to provide a person with a disability access to any service provided by the provider related to an organ transplant. Finally, section 1 authorizes a person aggrieved by the failure of a provider of medical or related services to comply with those requirements to institute a civil action for injunctive or other appropriate relief to prohibit and prevent the violation. Section 1 requires a court to give priority to such an action. Section 2 of this bill makes a conforming change to indicate the placement of section 1 in Nevada Revised Statutes. The federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148, as amended) prohibits an insurer from establishing rules that limit eligibility for a health care plan based on certain health status factors, including, without limitation, preexisting conditions, claims history or genetic information of the insured and also prohibits an insurer from charging a higher premium, deductible or copay based on those health status factors. (42 U.S.C. § 300gg-4) Existing state law similarly prohibits an insurer from denying, limiting or excluding a covered benefit or requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured. (NRS 287.010, 287.04335, 689A.032, 689B.500, 689C.190, 695A.232, 695B.183, 695C.050, 695C.1701, 695F.151, 695G.155) Sections 4-7, 9, 10, 12-14 and 17 of this bill prohibit Medicaid and all other health insurers from: (1) denying, limiting or seeking reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability; (2) denying a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing the required coverage; (3) reducing or limiting the reimbursement or otherwise penalizing a provider of medical or related services because the provider acted in accordance with section 1; or (4) providing monetary or nonmonetary incentives for a provider of medical or related services to induce the provider to provide care in a manner inconsistent with the requirements of section 1. Sections 3, 8, 11, 15 and 16 make conforming changes to implement these requirements.

Statutes affected:
As Introduced: 460.100, 232.320, 287.010, 287.04335, 689A.330, 689C.425, 695C.050, 695C.330
Reprint 1: 460.100, 232.320, 287.010, 287.04335, 689A.330, 689C.425, 695C.050, 695C.330
As Enrolled: 460.100, 232.320, 287.010, 287.04335, 689A.330, 689C.425, 695C.050, 695C.330