Patient and Disability Rights in the Health Care Setting

By Robert Goodman, MSW and Karen Hughes

Patient’s rights cover such topics as access to care, patient dignity, confidentiality, and consent to treatment. Patients with disabilities have some additional rights under three different laws: The Americans with Disabilities Act, the Rehabilitation Act of 1973 and the Florida Civil Rights Law. These laws guarantee that people with disabilities will have the same access to health care and other services as people without disabilities.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
ADA Title III: Public Accommodations
Title III covers businesses and nonprofit service providers that are used by the public. These include hospitals, urgent care centers, doctor’s offices, nursing homes and home health agencies.
Health care services must provide equal treatment in the way they serve patients with disabilities. This means removing barriers in existing buildings where it is easy to do so without much difficulty or expense.
Patients who are deaf or hearing impaired have the right to a sign language interpreter. If one cannot be provided the healthcare professional needs to find another way to communicate with the patient. A family member cannot be required to assist in the communication process.
Patients with visual disabilities have the right to have any written materials either read to them or given to them in an alternate format such as large print, Braille or on tape. This includes assistance with filling out paperwork, having hospital admission booklets, home health agency information, doctor’s orders, and discharge plans available in a format that is accessible to the patient.
The Rehabilitation Act of 1973
This law has similar protections for patients with disabilities. This law applies to Federal, state and local government and to any non-profit organization or health care provider that received federal funds such as Medicare and Medicaid.
The Architectural Barriers Act
The Architectural Barriers Act mandates that new or newly renovated public buildings be accessible. For other buildings, it depends when they were built. Accessible features include restrooms, examination rooms, water fountains, etc.
There are other laws that protect the rights of people with disabilities. The Fair Housing Act prohibits discrimination in housing. The Air Carrier Act protects people with disabilities against discrimination by airlines. They must provide assistance to customers with disabilities. There are two voting rights laws, the Voting Accessibility for the Elderly and Handicapped Act and National Voter Registration Act that ensure assistance at the polls if requested.
To file a complaint under these laws make note of the date, time and location of the discriminatory act, the name of the person spoken to and their response upon requesting a reasonable accommodation. For more information on a person’s rights under these laws or to file a complaint log onto www.ada.gov and www.americanswithdisabilitiesact.net. For information on Florida’s Civil Rights Law log onto http://fchr.state.fl.us.