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- For Individuals Who Are Deaf or Hard of Hearing
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2
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- The federal Americans With Disabilities Act (ADA), provides for equal
access to health care providers’ programs and services. Title III of the ADA applies to places
of public accommodation, including most medical offices.
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- The ADA requires effective communication, and the provision of
appropriate auxiliary aids and services, (including qualified
interpreters) when necessary to ensure effective communication for
persons with disabilities. (42
U.S.C.§12182(b)(2)(A)(iii), and key administrative regulations
implementing Title III of the ADA at 28 C.F.R. §36.303)
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- A federal law that prohibits discrimination on the basis of disability
by entities that receive federal financial assistance, such as
Medicare/Medicaid funds.
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- The Arizonans With Disabilities Act (AzDA) is a state law which also
prohibits discrimination on the basis of disability.
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- What are my rights and obligations?
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- No. The requirement is effective
communication. Interpreters must
be provided when the information exchanged is sufficiently lengthy and
complex, and other auxiliary aids do not ensure effective
communication. For example, an
interpreter is likely not necessary for a doctor’s visit for a simple
vaccination shot or blood pressure check.
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- The health care professional. We
suggest that the patient make a written request for an interpreter. The medical provider should consult
with the person with a disability to determine the most effective means
of communication, and the auxiliary aids and services necessary for that
person. However, the final
decision lies with the medical office.
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- No. A “qualified interpreter”
must be provided. A qualified
interpreter is an interpreter that can “communicate effectively,
accurately and impartially, using any necessary specialized vocabulary.” A member of the medical staff who
knows finger spelling or some signs is not a “qualified interpreter.”
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- The place of public accommodation (ie: the health care
professional). The medical
professional is expected to treat the cost of providing an interpreter
as a general business expense.
The person with a disability CANNOT be charged for the provision
of auxiliary aids and services.
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- Sometimes, depending on the reading ability and English proficiency of
the person with a disability, and the length and complexity of the
communication. However, for many
individuals who are deaf, ASL is their “first” or “primary” language,
not English, and therefore, ASL may be the only means of effective
communication.
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- Yes. The ADA does not require the
provision of auxiliary aids and services, including interpreters, if
doing so would result in an “undue burden” on the provider, or a
“fundamental alteration” of the program or service offered. (See 28 C.F.R. §36.104)
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- No. Even if a friend or family member is fluent in ASL, they may leave
out key information, not understand or be able to relay the medical
information discussed, or be too emotionally involved to interpret
“effectively, accurately and impartially.” In other words, they may not be a
“qualified interpreter.”
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- Yes. The IRS allows a tax credit
for business that provide access and accommodations – including
interpreters -- to the disabled.
(See IRS form 8826). For
more information, visit: http://www.usdoj.gov/crt/ada/publicat.htm#Anchor-14210
and choose “ADA Tax Incentives Packet for Businesses.”
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- 1. File a complaint with the Arizona Attorney General’s Office under the
AzDA, by calling: (602) 542-5002 (TDD Phoenix) or (520) 628-6500 (TDD
Tucson). Your complaint must be
filed within 180 days from the date of discrimination.
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- 2. File a complaint with the U.S. Department of Justice under Title III
of the ADA. (See enclosed form in
your packets.) There is no
deadline in statute in which to file this complaint, but we urge you to
do so as soon as possible to preserve your rights.
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- 3. File a complaint with the U.S.
Department of Health and Human Services under Section 504 of the Rehab
Act. This complaint must be filed within 180 days of the date of
discrimination.
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- 4. File a lawsuit against the healthcare professional.
- The deadline for filing a lawsuit alleging violations of the ADA and the
Rehab Act may be as short as 1 year from the date of discrimination, or
perhaps two years; the law is unsettled on this point. The deadline for filing a lawsuit
alleging violations of the AzDA is “not later than two years after the
occurrence or the termination of” the discrimination. You should consult an attorney
regarding your claim.
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- Phoenix Office: (800) 927-2260 or
- (602) 274-6287 (Voice, Relay or TTY)
- Tucson Office: (800) 922-1447 or
- (520) 327-9547 (Voice, Relay or TTY)
- Web Address: www.azdisabilitylaw.org
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- One may contact the Center for assistance during Short Term Assistance
Team’s (STAT) hours of operation:
- Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602)
274-6298 or toll free (800) 927-2260.
- Our receptionist takes brief information on the issue, which is provided
to STAT’s Information & Referral Supervisor for review.
- Due to the volume of requests we receive, we are unable to respond
immediately to each request, however, the call will be returned at our
earliest opportunity.
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Notes
