How has the US Department of Justice helped to ensure equal and effective access for people with disabilities to health care?
Q: How has the US Department of Justice helped to ensure equal and effective access for people with disabilities to health care?
A: The US Department of Justice’s Civil Rights Division, in collaboration with US Attorneys’ offices across the country, have an effort known as the Barrier-Free Health Care Initiative. This partnership expands on their prior work to enforce the rights of people with disabilities by combining their collective resources to increase awareness of the critical importance of equal access to medical services and facilities. The Barrier-Free Health Care Initiative aims to ensure physical access to buildings and facilities for people with mobility disabilities, effective communication of medical information for those who are Deaf or hard-of-hearing, and equal access to treatment for those with HIV/AIDS. It is intended to reflect the Department of Justice commitment to fight discrimination against individuals with disabilities in this essential area of community access.
Do I have to pay for an interpreter for every patient who is Deaf?
Q: I am opening a new dental practice. Do I have to pay for an interpreter for every patient who is Deaf?
A: Covered entities must provide aids and services when needed to communicate effectively with people who have communication disabilities. The key to deciding what aid or service is needed to communicate effectively is to consider the nature, length, complexity, and context of the communication, as well as the person’s normal method(s) of communication.
Auxiliary aids and services can include things such as qualified sign language interpreters and note takers, cued-speech interpreters, and real-time captioning, as well as other methods. Some easy solutions work in relatively simple and straightforward situations, such as the case of a patient coming in to pay a bill. Other situations may be more complex and need broader solutions such as when a patient needs dental procedures done, and financing and options must be discussed.
Can they ask me to bring my companion to interpret?
Q: I made a first-time appointment with an oncologist. When I let them know I was Deaf, they asked if my wife or other family member could provide sign language interpretation, as interpreters are very expensive. Can they ask me to bring my companion to interpret?
A: No, with minor exceptions. The Americans with Disabilities Act (ADA) places responsibility for providing effective communication, including the use of interpreters, directly on covered entities. They cannot require a person to bring an interpreter. A covered entity can rely on a companion to interpret in only two situations. These situations are detailed in the US Department of Justice’s ADA Requirements: Effective Communication:
(1) In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available.
(2) In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when a) the individual requests this, b) the accompanying adult agrees, and c) reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children.
