The American Disabilities Act (ADA) is a federal civil rights law enacted in 1990 that prohibits discrimination against people with disabilities in everyday activities, including health services (1).
Both public (government organizations like state and local entities) and private (business and nonprofit organizations like BlueCross) providers fall under Title II and Title III of the ADA, respectively. They are both required to provide full and equal access to their health care services and facilities. This includes but is not limited to sign language interpreters, having enough space inpatient rooms for wheelchairs to turn, or accessible digital communication. Section 504 of the Rehabilitation Act of 1973 covers those that receive federal financial assistance, including Medicare and Medicaid.
Provide reasonable changes to policies and practice Ex: Modifying a policy that requires patients to fill out their own paperwork and allowing extra time for staff to help complete paperwork for persons requesting assistance |
Provide effective means to communicate through services Ex: For a person with low vision, providing discharge instructions and medication management in large print and a qualified reader for text information |
Provide Accessible Facilities Ex: Clear pathways to rooms (no objects protruding), doors with lever handles, sensory supportive environments |
Publicly Funded Health Care (Type II)
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Privately Funded Health Care (Type III)
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Where the ADA Falls Short
Though the ADA seeks to improve access and eliminate societal constructed barriers, our health system is increasingly complex and can be constantly improved upon. For example, the guidelines for private organizations to take steps toward removing barriers does not convey a sense of urgency. In fact the words “readily achievable,” meaning easy to accomplish, in the ADA conveys the exact opposite. There need to be systems in place to reward or encourage groups to demonstrate progress in increasing accessibility. In addition, there is a lack of data collection or research on disabled groups to allow for more focused advocacy, legislation, and amendments. Most importantly, there is no one size fits all approach, accommodations rely on close listening and open-mindedness towards each individual’s needs.
Sources
(1) https://adata.org/factsheet/health-care-and-ada