Our healthcare and business law firm works with numerous medical practices in compliance and regulatory matters. Many medical practices are unaware of the requirements of the Americans With Disabilities Act (“ADA”), and in particular the requirements to accommodate individuals with auditory disabilities (including individuals who are deaf or hard of hearing). The ADA does not just prevent disability discrimination by employers. Title III of the ADA applies to “public accommodations.” A public accommodation is a business that is open to the public or provides goods or services to the public and specifically includes a “professional office of a health care provider.” 28 CFR 36.104; Guide to Disability Rights Law, ada.gov. This post provides an overview of the ADA’s auxiliary aids and services requirements and how they apply to medical Practices. If you have questions regarding this blog post or would like to speak with counsel regarding your medical practice, you may contact us at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
- Medical Practices Must Take Proactive Steps in Certain Situations
The general auxiliary acts and services rule applicable to medical practices is: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.” 28 C.F.R. 36.201. As related to auxiliary aids or services, full and equal enjoyment means (a) a patient cannot be refused access because of his/her disability, (b) effective communication modalities (i.e., auxiliary aids or services) are required, and (c) when necessary to accommodate a patient’s needs, the practice must reasonably modify policies, physical space, and procedures. 28 C.F.R. Part 36. Continue reading ›
















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