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Relevant Laws

The following is for informational purposes only and should not be considered legal advice.

Section 504 Rehabilitation Act of 1973

Summary

Section 504 of the Rehabilitation Act applies to employers and organizations that receive federal financial assistance from any federal department or agency, including HHS. It provides that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under” any program or activity that either receives federal financial assistance or is conducted by any executive agency. Section 504 requires health care providers to provide individuals with disabilities full and equal access to health care services and facilities and reasonable modification to policies, practices, and procedures when necessary to make health care services fully available to individuals with disabilities.   

 

 

Who it Applies to:

  • Hospitals
  • Health Centers and nursing homes
  • Physician Practices
  • State and Municipal Entities

Americans with Disabilities Act Title I

Summary

Title I of the Americans with Disabilities Act prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. 

 

 

Who it Applies to:

  • All Employers with more than 25 employees

Americans with Disabilities Act Title II

Summary

Title II of the ADA applies to hospitals and clinics operated by state or local government. While many of the Title II standards parallel those set forth in Title III for places of public accommodation, Title II standards are more stringent and require covered entities to give “primary consideration” to the person with a disability’s choice of an auxiliary aid.

 

Who it Applies to:

  • Public Service entities 
  • State owned hospitals
  • Public Schools including higher education
  • State and local programs

Americans with Disabilities Act Title III

Summary

Title III prohibits discrimination on the basis of disability in the activities of places of public accommodations. Businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as hospitals, restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices are subject to title III. Entities subject to Title III of the ADA must take steps to provide equal access to services.

 

 

Who it Applies to:

  • Hospitals
  • Restaurants
  • Private schools including higher education

Section 1557 The Patient Protection and Affordable Care Act

Summary

Section 1557 of the Patient Protection and Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. The protections apply to any health program or activity that receives federal financial assistance from the U.S. Department of Health and Human Services (HHS), which includes Medicare.  The Final Rule implementing Section 1557 requires covered entities to ensure that all programs and activities, including those provided through electronic and information technology, are accessible to persons with Disabilities and that appropriate auxiliary aids and services are available.

 

 

Who it Applies to:

  • Hospitals
  • Health Centers
  • Nursing Homes and home healthcare providers
  • Physician Practices

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