If you have a disability, there are laws that protect you from discrimination in access to health care. Hospitals, clinics, and other medical providers must give you the same opportunity to access and benefit from their services and programs as nondisabled patients. Read more to find out which laws protect you and how to stand up for your rights.
The ADA is a federal civil rights law that bans discrimination because of disability. The ADA requires public, private and non-profit entities that provide goods and services to the public to provide equal access for people with disabilities. Equal access means being able to take part in, get, or enjoy the entity's programs, services, or benefits. See the ADA website.
The ADA and other federal laws apply to health care settings.
- Title II of the ADA applies to state and local governments. This can include public hospitals, clinics and health care services run by the state.
- Title III of the ADA applies to private entities that are considered places of “public accommodation”. This includes non-profits, hospitals, clinics, and other health care provider
- Section 504 of the Rehabilitation Act also bans discrimination based on disability. It applies to any health care facility that gets federal funding, such as Medicaid and Medicare.
- Section 1557 of the Affordable Health Care Act bans discrimination in covered health care programs or activities.
The Massachusetts Public Accommodations Law bans discrimination based on disability in places of public accommodation. “Public accommodation” includes health care settings such as:
- Dental offices,
- Medical offices,
- Pharmacies,
- Clinics,
- Hospitals, and
- Nursing homes.
If you believe your civil rights have been violated under this statute, you can file a complaint with the Massachusetts Office of the Attorney General online. Or call (617) 963-2917.
It is unlawful to discriminate against a person with a disability under the ADA.
The ADA defines a person with a disability as someone
- with a “physical or mental impairment that substantially limits a major life activity”
- with a history or record of having a disability (such as cancer in remission), or
- who others believe to have a disability.
Major life activities are things that are important to most people's daily lives. Examples of major life activities are
- breathing,
- walking,
- talking,
- hearing,
- seeing,
- sleeping,
- caring for oneself,
- doing manual tasks, and
- working.
In 2020 due to COVID-19, the Massachusetts Department of Public Health created a no-visitor policy for hospitals. But this policy prevented some people with disabilities from getting equal access to treatment. Because of this, the state said that hospitals must provide reasonable accommodations for certain support people to help with communication, medical decision-making, personal care, and other needs. See Attorney General Guidance: Rights of Disabled Persons To Accommodations During Covid-19.
Under the ADA, private and public entities must provide equal access for clients and members of the public with a disability. They can do this through reasonable accommodations. A reasonable accommodation is a change to a policy, practice or rule that should give a person with a disability equal access to facilities and services. It is sometimes also called a "reasonable modification."
A person with a disability can make the request, or someone they choose can make the request for them. This can be a family member, friend, or other representative.
The request does not have to be in writing, nor does it have to use any particular language. But putting the request in writing is usually a good idea.
Give details about your disability and why you need the accommodation to have equal access to the health care program or service.
See a sample template for requesting a reasonable accommodation (Word doc).
It depends. You may be asked for some medical documentation of your disability, if the disability and/or need for accommodation is not obvious. You may also need to give information on how the disability affects you and why you need the accommodation. This could be a letter from your doctor or other provider.
It depends on the request. Health care providers should consider requests for accommodation on a case-by-case basis. When deciding whether an accommodation is "reasonable," they look at these 2 things:
- Is the accommodation necessary to give the person equal access to the provider's programs, services, or benefits?
- Does the accommodation cause unfair hardship for or completely change the program, services, or benefits?
The health care provider does not have to give you an accommodation if it would:
- be very expensive or
- completely change the provider’s programs, services, or benefits.
The hospital or other healthcare setting may offer you an alternative accommodation. But that alternative must be effective. It can help to talk to them to see if you can come to an agreement that would:
- working for both you and the healthcare staff and
- give equal access.
Contact the patient advocacy office or ADA coordinator at the facility. Start any internal complaint or grievance process.
File a complaint with the Massachusetts Office of the Attorney General online. Or call (617) 963-2917.
File a complaint under Title III of the ADA with the Civil Rights Division of the Department of Justice online or in writing.
For more information, email the Center for Public Representation.
The ADA is a federal civil rights law that bans discrimination because of disability. The ADA requires public, private and non-profit entities that provide goods and services to the public to provide equal access for people with disabilities. Equal access means being able to take part in, get, or enjoy the entity's programs, services, or benefits. See the ADA website.
The ADA and other federal laws apply to health care settings.
- Title II of the ADA applies to state and local governments. This can include public hospitals, clinics and health care services run by the state.
- Title III of the ADA applies to private entities that are considered places of “public accommodation”. This includes non-profits, hospitals, clinics, and other health care provider
- Section 504 of the Rehabilitation Act also bans discrimination based on disability. It applies to any health care facility that gets federal funding, such as Medicaid and Medicare.
- Section 1557 of the Affordable Health Care Act bans discrimination in covered health care programs or activities.
The Massachusetts Public Accommodations Law bans discrimination based on disability in places of public accommodation. “Public accommodation” includes health care settings such as:
- Dental offices,
- Medical offices,
- Pharmacies,
- Clinics,
- Hospitals, and
- Nursing homes.
If you believe your civil rights have been violated under this statute, you can file a complaint with the Massachusetts Office of the Attorney General online. Or call (617) 963-2917.
It is unlawful to discriminate against a person with a disability under the ADA.
The ADA defines a person with a disability as someone
- with a “physical or mental impairment that substantially limits a major life activity”
- with a history or record of having a disability (such as cancer in remission), or
- who others believe to have a disability.
Major life activities are things that are important to most people's daily lives. Examples of major life activities are
- breathing,
- walking,
- talking,
- hearing,
- seeing,
- sleeping,
- caring for oneself,
- doing manual tasks, and
- working.
Under the ADA, private and public entities must provide equal access for clients and members of the public with a disability. They can do this through reasonable accommodations. A reasonable accommodation is a change to a policy, practice or rule that should give a person with a disability equal access to facilities and services. It is sometimes also called a "reasonable modification."
For Example
In 2020 due to COVID-19, the Massachusetts Department of Public Health created a no-visitor policy for hospitals. But this policy prevented some people with disabilities from getting equal access to treatment. Because of this, the state said that hospitals must provide reasonable accommodations for certain support people to help with communication, medical decision-making, personal care, and other needs. See Attorney General Guidance: Rights of Disabled Persons To Accommodations During Covid-19.
A person with a disability can make the request, or someone they choose can make the request for them. This can be a family member, friend, or other representative.
The request does not have to be in writing, nor does it have to use any particular language. But putting the request in writing is usually a good idea.
Give details about your disability and why you need the accommodation to have equal access to the health care program or service.
See a sample template for requesting a reasonable accommodation (Word doc).
It depends. You may be asked for some medical documentation of your disability, if the disability and/or need for accommodation is not obvious. You may also need to give information on how the disability affects you and why you need the accommodation. This could be a letter from your doctor or other provider.
It depends on the request. Health care providers should consider requests for accommodation on a case-by-case basis. When deciding whether an accommodation is "reasonable," they look at these 2 things:
- Is the accommodation necessary to give the person equal access to the provider's programs, services, or benefits?
- Does the accommodation cause unfair hardship for or completely change the program, services, or benefits?
The health care provider does not have to give you an accommodation if it would:
- be very expensive or
- completely change the provider’s programs, services, or benefits.
The hospital or other healthcare setting may offer you an alternative accommodation. But that alternative must be effective. It can help to talk to them to see if you can come to an agreement that would:
- working for both you and the healthcare staff and
- give equal access.
Contact the patient advocacy office or ADA coordinator at the facility. Start any internal complaint or grievance process.
File a complaint with the Massachusetts Office of the Attorney General online. Or call (617) 963-2917.
File a complaint under Title III of the ADA with the Civil Rights Division of the Department of Justice online or in writing.
For more information, email the Center for Public Representation.