Medical Advocacy

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.