Rights of Deaf And Hard of Hearing Under the Americans With Disabilities Act
Provided by the Michigan Association For Deaf, Hearing and Speech Services
WHAT IS THE ADA?
The
Americans with Disabilities Act (ADA) is a law that prohibits
discrimination against people with disabilities, including deaf and hearing impaired people. Each
section of the ADA lists services that should be provided
for deaf individuals.
MEDICAL TREATMENT Hospitals that receive
money from the U.S. government must provide
equal services to deaf persons. Hospitals must be sure deaf persons can communicate with doctors and nurses. As a deaf person, you should choose the kind of communication you prefer: sign/oral interpreter, written
notes, lip reading, assistive listening devices, or a combination.
When important communication is needed, the ADA
says the hospital must provide a qualified interpreter. Important communication
includes discussions about your sickness and what kinds of treatment are needed or available. It
also includes registering at the hospital or anytime you are asked to fill out papers, providing medical information or when
you are discharged. The hospital cannot charge you for the interpreter.
Private practice doctors are also required to follow the ADA
laws. Communication is just as important at the doctor's office as it is at the hospital. Ask for an interpreter or assistive
listening device.
Aiding Deaf at Doctor's Office (excerpt)
The Press-Enterprise, California, May 3, 2006 By MIKE SCHWARTZ
The Americans with Disabilities Act requires health care professionals to provide and pay for sign
language interpreters for deaf patients.
Because
97 percent of the hearing impaired don't even know how to sign,
clinics need to provide other assistive devices such as communications-access real-time translation
(CART), or a computer-assisted speech-to-text captioning system.
In any case, guidelines issued by the U.S. Department of Justice
advise doctors, patients or deaf parents to consult in advance of a clinic visit on communication needs.
If a doctor refuses to pay for services,
patients should get an advocate such as the Center on Deafness to help. The center
may fax the physician a copy of the federal law or visit the clinic and conduct sensitivity training.
The patient may be advised to file a written complaint with the State Attorney General's
Office; the Civil Rights Division of the U.S. Department of Justice or the Office for Civil Rights of the U.S. Department
of Health and Human Services. Ultimately a civil law suit may be necessary.