What This Statute Says
Section 36-850.02 is the enforcement companion to the anti-discrimination rule.
A. If an individual believes that a health care provider or health care facility has violated or is violating section 36-850.01, the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility for the purposes of enforcing compliance with that section. The action may be brought in the superior court in the county where the affected individual resides or resided or was denied the organ transplant or referral.
B. In an action brought under this section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief, including any of the following:
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 the health care provider or health care facility.
3. Requiring that health care facilities be made readily accessible to and usable by a qualified recipient.
Subsection C preserves remedies under the federal Americans with Disabilities Act and other law. Subsection D notes that the section does not create a right to compensatory or punitive damages, focusing the remedy on equitable relief.
When This Statute Comes Into Play
The provision is used when a person with a disability has been denied transplant services on a basis that may violate section 36-850.01. The expedited-review requirement reflects the medical urgency of transplant cases.
What This Means for Arizona Families
If you or a family member faces transplant discrimination, the statute gives you a fast track to court. The remedies are equitable: an order requiring the hospital to evaluate or place on the list, or to provide auxiliary aids and services. Money damages are not available under this section, but they may be available under federal law in parallel.
The practical first step is usually to ask the hospital for the individualized medical evaluation required under section 36-850.01(B). If the hospital cannot point to that evaluation, the discrimination claim becomes much stronger. Our FAQ on organizing your estate planning documents covers related preparation. A clear healthcare directive and well-documented medical records, paired with advocacy from family or counsel, give the best foundation for either a successful evaluation or a successful enforcement action.