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HEALTHCARE
COVERAGE

ADA Requirements for

Physician Offices

By Sara Bergmanson, Tanya Babitch and Robin Desrocher

T he Americans with Disabilities Act (ADA) was signed into www.ada.gov/ada_intro.htm, and resource, "Access To Medical Care

For Individuals with Mobility Disabilities,” at www.ada.gov/med-
federal law in 1990 with the intention of providing equal pro-
tection for people with disabilities, specifically regarding em-

ployment, housing, federal funding, and access to services, such as care_mobility_ta/medcare_ta.htm.
health care. What about those patients who do not speak English? Am I
For many, the breadth of the ADA’s definitions and resulting respon- required to provide and absorb the cost of an interpreter?
sibilities can be daunting. Sometimes even more unknown are the con- These patients are not considered disabled under the ADA. How-
ditions that qualify as a disability under the law. ever, according to the Office for Civil Rights, an entity receiving federal
Title III of the ADA declares medical offices and hospitals as “public reimbursement (such as Medicaid or Medicare) is responsible for en-
accommodations” that must comply with ADA regulations. But what suring that effective oral and written communication occurs with pro-
constitutes “best practices” for providing reasonable accommodations gram beneficiaries who are limited English proficient (LEP).
for disabled patients? The entity can take several steps to meet its obligations to LEP pa-
This article answers six common questions about the ADA tients. Providing interpreters, at no cost to the client, is one method.
Please visit the Federal LEP website for more information at
What am I required to do under the ADA to accommodate www.lep.gov.
patients who are hearing impaired?
Appropriate auxiliary aids and services may include qualified inter- Who has responsibility for ADA compliance in leased build-
preters, assistive listening devices, note takers, and written materials. ings, the landlord or the tenant?
The ADA does not require modifications that would fundamentally The ADA places legal responsibility to remove barriers or provide
alter the nature of the services provided or result in an "undue burden" auxiliary aids on both the landlord and the tenant. Typically, the ten-
on the provider. ant is responsible for the space they use and control such as an exam
room or reception area. The landlord is typically responsible for com-
What constitutes an "undue burden" is determined on a case- mon space such as a parking lot or building entrance used by more
by-case basis. At least one court has found in favor of the than one tenant.
plaintiff over the provision of an interpreter for a hearing-
impaired patient in a primary care physician's office. What is my responsibility as an employer under the ADA?
See more in the “ADA Business BRIEF: Communicating with peo- Employers with 15 or more employees must comply with the ADA
ple who are dead or hard of hearing in hospital settings” at in their employment practices. The ADA protects individuals with dis-
https://www.ada.gov/hospcombr.htm. abilities from discrimination related to employment practices. Individ-
uals with disabilities who meet "the skill, experience, education, and
What does the ADA require for mobility-impaired patients? other job-related requirements of a position held or desired, and who,
A public accommodation is required to remove architectural barriers with or without reasonable accommodation, can perform the essential
in existing facilities where such removal is "readily achievable," which functions of a job" are protected.
is defined as "easily accomplished and able to be carried out without To be covered by the ADA, an individual must have a mental or
much difficulty or expense." Examples of actions to remove barriers in- physical impairment that (even with corrective or mitigating measures,
clude installing ramps, widening doors, installing grab bars in bathroom such as corrective lenses) substantially limits one or more major life ac-
stalls, installing a raised toilet seat, removing deep pile carpeting, and tivities. In addition, the ADA prohibits discrimination against persons
creating designated, accessible parking spaces. who are perceived to have a disability.
For more information, please refer to the ADA website, As an employer, it is essential to train staff members on ADA re-

24 SAN ANTONIO MEDICINE • September 2022