Existing law requires the Medicaid program to cover: (1) counseling and support for breastfeeding; (2) supplies for breastfeeding until the child's first birthday; and (3) lactation consultation and support. (NRS 422.27174, 422.27179) Existing law authorizes Medicaid to provide additional coverage of supplies for breastfeeding. (NRS 422.27178) Section 1 of this bill requires the Department of Health and Human Services to post on an Internet website maintained by the Department: (1) a fact sheet that provides information concerning that coverage under Medicaid; and (2) a list of services available in the community for lactation support. Section 1 authorizes certain providers of health care and medical facilities that provide care to a pregnant person to provide the information posted by the Department to the pregnant person and, with the consent or at the direction of the pregnant person, certain other persons. Section 1 additionally requires the Department to develop and carry out a program of public education to increase public awareness about lactation.
Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression. (NRS 651.070) Existing law defines the term “place of public accommodation” to mean any establishment or place to which the public is invited or which is intended for public use, including, inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private and public schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys. (NRS 651.050; Clark County Sch. Dist. v. Buchanan, 112 Nev. 1146 (1996)) Section 4 of this bill prohibits a place of public accommodation from: (1) denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation to a person because the person is breastfeeding a child; or (2) publishing a statement, advertisement, notice or sign that conflicts with that prohibition. Section 5 of this bill makes the definition of “place of public accommodation” in existing law apply to section 4. Section 6 of this bill clarifies that those prohibitions do not apply to certain private establishments that are not places of public accommodation. Section 7 of this bill makes certain actions that violate section 4 misdemeanors, and section 8 of this bill authorizes a victim of such a violation to file a civil action. Section 9 of this bill authorizes a county or incorporated city to adopt an ordinance that protects the rights protected by section 4, with certain limitations. Section 10 of this bill authorizes a victim of a violation of section 4 to file a complaint with the Nevada Equal Rights Commission, and section 3 of this bill authorizes the Commission to order its Administrator to investigate and hold hearings on such a complaint. The Commission would also be authorized to: (1) hold an informal meeting to attempt to settle a dispute over an alleged violation of section 4; and (2) after a formal public hearing, order the place of public accommodation to cease and desist from activity that violates section 4 and take corrective action. (NRS 233.170) Section 2 of this bill makes a conforming change to include preventing discrimination against persons who are breastfeeding children within the purposes of the Commission.