The Savvy Senior
Patient and Disability Rights in the Health Care Setting
By Robert Goodman, MSW
The theme for Older Americans Month in May is “Champion Your Health”. Champion Your Health, focuses on prevention, wellness, and personal responsibility as cornerstones of healthy aging. It encourages taking an active role in managing your own health, advocating for yourself, accessing preventive care, and making informed decisions that support independence.
Your health is in your hands. Health literacy is important to understand your health care needs. According to the Centers for Disease Control (CDC), nearly nine out of 10 adults struggle to understand and use personal and public health information when it’s filled with unfamiliar or complex terms.
According to CDC, limited health literacy costs the healthcare system money and results in higher than necessary morbidity and mortality. Improving health literacy could prevent nearly 1 million hospital visits and save over $25 billion a year.
There are many things you can do to take control of your health care. First, write or type an information sheet with your name, address, phone number, insurance information and insurance number. Then list all your health conditions, medications (including supplements), surgeries, allergies, and all your doctors. You should also include information on your family medical history. Keep this with you when you visit any doctor, especially new ones. You should also keep a copy of your information on your refrigerator in case of an emergency.
Learn about any health conditions you may have. Search the web. There seems to be an organization for every health condition. Call and get information.
Who is going to make your health care decisions for you if you are ill or injured and cannot make them for yourself? Advance directives are legal documents that allow you to convey your decisions about end-of-life care ahead of time. They provide a way for you to communicate your wishes to family, friends and health care professionals, and to avoid confusion later.
When you visit your doctor write a list of questions. Be sure you understand the answers before you leave the office. You should be clear about what medications you are being prescribed, the purpose of the medicine, drug interactions and any side effects. The same applies to any medical procedures that are being recommended.
If you are diagnosed with a particular condition learn as much as you can about the disease or disability, prognosis, treatments and any rehabilitation services that might be needed. If appropriate, ask about community services that relate to that condition, any aids and appliances or home modifications that might be needed.
The bottom line: Have all your medical information readily available to share with your health care professionals. Understand what your health care professional is saying to you. Don’t be afraid to ask questions.
Do you have a disability? Do you know your rights in the health care setting?
Have you ever contacted a health care facility as a new patient, and the receptionist asks you to bring someone with you to complete the paperwork? Have you ever had a staff person ask you your medical history in the waiting room where other patients are sitting?
Thanks to medical advances, seniors are living longer. The number of people with visual impairments such as macular degeneration, glaucoma and diabetic retinopathy will increase with age. Blindness and vision loss affects millions of people from every economic status and educational background.
Patient’s rights cover such topics as access to care, patient dignity, confidentiality, and consent to treatment. Many people with visual impairments are not aware of their rights when receiving medical care or afraid to assert them. Many seniors are unable to access information on their rights due to computer illiteracy. Many health care providers don’t know how to interact with people with disabilities and are unaware of the requirements under Federal law.
Patients with disabilities have some additional rights under two different laws: The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. These laws guarantee that people with disabilities will have the same access to health care and other services as people without disabilities.
The ADA prohibits discrimination based on 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 the impairments that are covered.
Title III of the ADA 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 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 audio. 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. Be aware that many computer programs do not allow materials to be printed in large print or copied onto a word document.
The Rehabilitation Act of 1973 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.
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.