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.