§ 20-1605. Considerations by covered entity
West's Annotated Code of MarylandHealth--GeneralEffective: May 12, 2015
Effective: May 12, 2015
MD Code, Health - General, § 20-1605
§ 20-1605. Considerations by covered entity
(a) A covered entity may not solely on the basis of an individual's disability:
(b)(1) Subject to paragraph (2) of this subsection, a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.
(2) If an individual has the necessary support system to assist the individual in complying with posttransplantation medical requirements, a covered entity may not consider the individual's inability to independently comply with the posttransplantation medical requirements to be medically significant for the purposes of paragraph (1) of this subsection.
(c) A covered entity shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to allow an individual with a disability access to services, including transplantation-related counseling, information, coverage, or treatment, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the services.
(d) A covered entity shall take such steps as may be necessary to ensure that an individual with a disability is not denied services, including transplantation-related counseling, information, coverage, or treatment, due to the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking the steps would fundamentally alter the nature of the services being offered or would result in an undue burden.
Credits
Added by Acts 2015, c. 383, § 1, eff. May 12, 2015.
MD Code, Health - General, § 20-1605, MD HEALTH GEN § 20-1605
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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