Americans with Disabilities Act:
Deaf patients have rights during doctor visits
by Allan
Appel
Scripps Howard News Service
The Americans with Disabilities Act mandates a health care professional to provide and pay for a sign language interpreter for deaf patients.
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If the patient is a minor child with normal hearing, an interpreter would still be required for the parent who is deaf, assuming the parent has requested an interpreter. |
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However, the health care professional ultimately decides whether an interpreter is necessary. To help with the decision, the U.S. Department of Justice has issued technical guidance encouraging consultation between the physician and the deaf person or the parent. |
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A patient may bring his own interpreter for the office visit without prior notice; however, the physician is not obligated to accept that unilateral decision by the patient. The health care professional must be given the opportunity to consult with the patient and assess the situation. And the physician would certainly not be obligated to pay for the uninvited interpreter. |
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To ease the situation, request the interpreter at the time the appointment is scheduled. It may take several days for the physician to coordinate the services of an interpreter. |
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A family member or friend may also act as the interpreter. However, that person may not be suitable if emotional involvement or lack of confidentiality adversely affects his ability to interpret the medical information. |
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If all else fails, and the doctor absolutely refuses to provide an interpreter, then one or more of the following avenues may be appropriate: |
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File a written complaint with the civil rights division or other appropriate section of your state attorney general's office. Alternatively, initiate an investigation with the U.S. Department of Justice by writing a letter to:
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The Office for Civil Rights of the U.S. Department of Health and Human Services may also be contacted. Since most physicians receive payments from Medicare or Medicaid, they are covered by Sec. 504 of the Rehabilitation Act prohibiting discrimination on the basis of disability. |
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And of course, as a last resort, a lawsuit may also be filed against the
health care professional. But watch out for filing deadlines in the case
of the ADA, the Rehabilitation Act or your state law. |
For more information, please contact:
Allan Appel
c/o Scripps Treasure Coast Newspapers
1939 S. Federal Highway
P.O. Box 9009, Stuart, FL 34994
aappel223@yahoo.com
