Report Discrimination: Medical Access

Submitted by Tawny Holmes [1] on Thu, 09/08/2011 - 23:10

 Going to the hospital can be a frightening experience – especially if there is a communication breakdown.

When you are at a doctor’s office, a hospital, clinic, etc, it is very important that communication be effective so you can receive full information to help you make appropriate health care decisions for yourself or your loved ones/family. Doctors, nurses, dentists, specialists, therapists, and other health care providers also need to communicate effectively with you to provide effective and qualified health care services.

There are federal laws to protect your equal access and effective communication in health care services. These laws include Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). Both of those laws require health care providers to make their services accessible to deaf and hard of hearing people.  This obligation applies to not only the patient but anyone the health care provider would communicate with – including parents, guardians, companions, and members of the public.  Health care providers must provide accommodations, such as qualified interpreters, CART, assistive listening devices, or other types when necessary.

The only exception is if the health care providers do not have to provide a specific type of accommodation (for example- interpreters) if they can demonstrate that doing so would be an undue burden (a significant difficulty or expense). This may be difficult for most health-care providers. It is important for you to request accommodations in advance when possible so the health care provider has enough time to arrange them.  If the heath care provider can show undue burden for a specified type of accommodation, they still has the responsibility to provide alternative communication access services that would ensure effective communication.

Hospitals and other health care facilities, such as clinics, urgent care centers, rehabilitation therapy centers, long-term health care centers and nursing homes, should take action in advance to be prepared to communicate effectively with deaf or hard of hearing people.

If you have experienced difficulty in communication with your health care provider or see they have questions about providing services to deaf or hard of hearing people, ask your health care provider to contact the NAD Law and Advocacy Center [2].

You may also print out the NAD Memo on Questions and Answers for Health Care Providers [3]to inform them about your rights.

You can also advocate for effective communication access by setting up meetings with your local health care providers with the deaf community leaders or writing newspaper articles, etc with additional information provided on the NAD website.

When you believe a health care provider has discriminated against you because you are deaf or hard of hearing, you have the right to file a complaint with the Department of Justice. You may also contact the NAD Law and Advocacy Center for assistance.
http://www.nad.org/issues/about-law-and-advocacy-center/file-complaint#discrimination-healthcare [4]