Question: I have a deaf person with whom I exchange information via e-mail as a form of communication. The patient wants to visit the office and is demanding that I provide and pay for a sign language interpreter. Am I required to pay for the interpreter?
Answer: Yes. To be in compliance with ADA, the patient can select the method of communication that serves his or her needs. No charge can be made back to the patient or family.
Question: May I terminate a disabled patient from my practice?
Answer: Yes, but termination based on the patient's disability is prohibited. Patients may be terminated only for appropriate reasons such as documented behavior of non-compliance, lack of payment and abusive attitude in person or over the phone.
The Americans with Disabilities Act (ADA) protects individuals with a disability, which is defined as an individual with a physical or mental impairment that substantially limits one or more of the major life activities, a record of such impairment, or being regarded as having such impairment.
Federal law in Title VI of the Civil Rights Act contains a prohibition against national origin discrimination affecting Limited English Proficient persons (LEP) and provides that a physician who receives federal funds must take reasonable steps to ensure meaningful access to their practice and services for LEP persons. Additionally, California law in the Unruh Civil Rights Act, Section 51, prohibits discrimination against patients with disabilities.
Ways to Provide Cost-Effective Language Services
- Train bilingual staff,
- Identify telephone and video conference services.
- Provide patients with standardizing patient education forms and documents.
- Contact the patient's payer, health plan, or HMO for potential reimbursement of interpreter fees.
Two Types of Language Assistance
- Oral Interpretation - Either in person or via telephone interpretation services.
- Written Interpretation - Can range from translation of an entire document to translation of a short description of the document.
If you want to terminate a disabled patient from your practice, we recommend that you contact the CAP Hotline for Assistance at 800-252-0555.
For more information about the above laws, consult the following websites: www.hhs.gov/ocr/ and www.lep.gov.
Authored by
Joseph Wager, RCP, MS
Risk Management & Patient Safety Specialist
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.