(a)  Whenever it appears that a covered entity has violated or is violating any of the provisions of this chapter, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this chapter. The action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral.

Terms Used In Rhode Island General Laws 23-95-5

  • Auxiliary aids or services: means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows the individual to better understand the information. See Rhode Island General Laws 23-95-3
  • Covered entity: means :

    (i)  Any licensed provider of healthcare services, including licensed healthcare practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers;

    (ii)  Any entity responsible for matching anatomical gift donors to potential recipients. See Rhode Island General Laws 23-95-3

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Organ transplant: means 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. See Rhode Island General Laws 23-95-3
  • Qualified recipient: means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following:

    (i)  Individuals or entities available to support and assist the individual with an anatomical gift or transplantation;

    (ii)  Auxiliary aids or services;

    (iii)  Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for either or both of the following:

    (A)  Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation;

    (B)  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 the individual is enrolled, or any program or source of funding available to the individual, when determining whether the individual is able to comply with post-transplant medical requirements. See Rhode Island General Laws 23-95-3

(b)  In an action brought under this chapter, the court must give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:

(1)  Requiring auxiliary aids or services to be made available for a qualified recipient;

(2)  Requiring the modification of a policy, practice or procedure of a covered entity; or

(3)  Requiring facilities be made readily accessible to and usable by a qualified recipient.

(c)  Nothing in this chapter is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 or any other applicable law.

(d)  This chapter does not create a right to compensatory or punitive damages against a covered entity.

History of Section.
P.L. 2021, ch. 109, § 2, effective June 30, 2021; P.L. 2021, ch. 133, § 2, effective June 30, 2021.