CURRENT LAWS PROTECTING YOUR RIGHTS AS A PATIENT AT A DOCTOR’S OFFICE OR IN THE HOSPITAL/CLINIC
Americans with Disabilities Act (ADA) – 1990
- Title II: Applies to state and local government health care providers (public hospitals, clinics, etc.).
- Title III: Applies to private health care providers (doctor’s offices, private hospitals, urgent care centers, etc.).
- Requires providers to ensure “effective communication” with deaf and hard-of-hearing patients.
- Often means providing qualified interpreters, CART (captioning), or assistive listening devices.
- Providers cannot charge patients for the cost of interpreters or accommodations.
Section 504 of the Rehabilitation Act – 1973
- Applies to any healthcare provider or facility that receives federal financial assistance (like Medicare/Medicaid funding).
- Prohibits discrimination based on disability.
- Requires reasonable accommodations, including communication access.
Section 1557 of the Affordable Care Act (ACA) – 2010
- Broadens protections against disability discrimination in healthcare.
- Applies to health programs and activities receiving federal financial assistance (nearly all hospitals/clinics that take Medicare or Medicaid).
- Reinforces requirements for auxiliary aids and services (e.g., interpreters, captioning).
- Patients must be informed of their rights to communication assistance.
Individuals with Disabilities Education Act (IDEA) – for children
- Applies to children who are deaf or hard of hearing receiving medical or educational services in conjunction with school programs.
- Ensures access to early intervention, audiology, and speech therapy.
Section 508 of the Rehabilitation Act – 1998 (technology accessibility)
- Applies to federal agencies and requires that their electronic and information technology (like patient portals or medical websites) is accessible to people with disabilities.
Key Protections in Practice
- Hospitals and clinics must provide interpreters (in-person or via Video Remote Interpreting) when needed.
- Written notes alone are often not considered sufficient for complex medical discussions.
- Providers must respect patient preference for communication method, within reason.
- Denial of interpreter services may be considered disability discrimination.
If you are struggling to have accessibility provided, try contacting this agency: disabilityrightstn.org