{"data":{"id":"us-nm/24-6b-26","jurisdiction":"us-nm","citation":"24-6B-26","heading":"Discrimination against recipients based on disability prohibited; enforcement.","body":"A. As used in this section:\n(1) \"covered entity\" means an organ procurement organization, hospital, transplant hospital, physician, insurance company or plan or health maintenance organization; and\n(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:\n(a) self-care;\n(b) receptive and expressive language;\n(c) learning;\n(d) mobility;\n(e) self-determination; and\n(f) capacity for independent living.\nB. The provisions of this section apply to all stages of the transplant process.\nC. 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:\n(1) consider the person ineligible to receive an anatomical gift;\n(2) deny transplantation-related services;\n(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;\n(4) refuse to place an otherwise qualified recipient on an anatomical gift waiting list;\n(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\n(6) refuse insurance coverage for any procedures associated with being evaluated for or receiving an anatomical gift, including post-surgical medical care.\nD. 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.\nE. A person affected by a violation of the provisions of this section may commence a civil action in district court.\nF. 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.","path":["Chapter 24 - Health and Safety","ARTICLE 6B Jonathan Spradling Revised Uniform Anatomical Gift Act"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"3bd52b25d5fbc1297b90647f90655dfc0cc9414bda20850d67fa445d9a720369","source_id":"us-nm","stale":false,"prev":"us-nm/24-6b-25","next":"us-nm/24-7-1"},"notice":"GroundRules: Original legal text. Not legal advice."}