Updated as of September 2, 2024.
Accessing healthcare can pose challenges in a number of ways – insurance coverage, getting time off for treatment, etc. Not surprisingly, there are often a few more obstacles – transportation (to and from the doctor’s office/clinic/hospital, picking up prescriptions, etc.), labeling medicines and supplies, and even signing in at the doctor’s office.
For information on ways to tackle some of these obstacles at home, please check out these Bridges Resource Library entries:
Disability-Related Rights In Healthcare Settings
Individuals with disabilities, including blindness/low vision, have civil rights that apply in healthcare settings. These rights include: (1) the right to “reasonable accommodations” and (2) the right to be free from disability-related discrimination.
Federal laws and regulations
Title III (Title 3) of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504), ensure that public accommodations must provide individuals with disabilities with (1) the right to use reasonable accommodations in order to enjoy the benefits of the facility or activities and (2) freedom from discrimination. In fact, federal law specifically mentions the following healthcare-related places, including a “pharmacy,” a “professional office of a health care provider,” and a “hospital” as “public accommodations” that must follow these laws. [42 USC 42 U.S. § 12181]
Additionally, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), has enacted regulations that explicitly prohibit discrimination on the basis of disability and that set forth minimum accessibility guidelines (that should be in place even before an individual with blindness/low vision requests a reasonable accommodation. Here are links to highlights of the actual federal regulations:
- Accessibility of kiosks
- Requirements for web and mobile accessibility
- Requirements for communication accessibility
Check out this Healthcare Disability Protection Regulations Fact Sheet for highlights of these important regulations that require accessibility in healthcare settings.
Maryland laws
Maryland also protects disabled individuals in hospitals and other public accommodations. The Maryland Commission on Civil Rights will investigate complaints and take action against Hospital or Related Institutions of Health Care Discrimination and Public Accommodations Discrimination.
For more information on these laws and the protections they provide, please contact the Free Bridges Helpdesk.
Rights in Practice
Understanding the landscape in which we live
There are so many laws these days, and most of us don’t know most of those laws. In general, people only know about laws that affect them, their friends, and their families (and, even in these cases, many misunderstand the law in some way). Most people in the community (even healthcare providers) do not know any blind/low vision people, so they may well not understand the legal protections set forth above.
Additionally, many times people underestimate blind/low vision people. Maybe they have met people with blind/low vision who cannot do much, so they assume that no blind/low vision person is very capable. Some sighted people just cannot imagine not using their vision, so they think that poor or no vision would leave anybody helpless.
Low expectations can lead to disability discrimination. But many of these people don’t understand how wrong their low expectations are, so it’s helpful for us to know that we may need to educate as well as advocate for our rights.
Effective advocacy – with a spoonful of sugar
Our rights are not diminished just because someone doesn’t understand or recognize those rights. Nevertheless, as Mary Poppins told us: “Just a spoonful of sugar helps the medicine go down; In a most delightful way.” We can help ourselves (and others in our situations) by attempting to politely – but firmly – describe the rights that guide dog users have in the United States.
Some ways to address concerns include:
- Thank them before they even say yes:
- “Thank you for making this appointment a little easier.”
- While nothing is 100% effective, many people will accept your thanks and withhold any criticism they might have been preparing to give.
- Consider answering the two ADA-permitted questions before they ask:
- “I cannot fill out this paper form. Is there a staff member who could help do so in a private place?”
- “This kiosk doesn’t seem to work. Is there an accessible alternative?”
Please reach out to us at the Free Bridges Helpdesk anytime. We are always eager to hear from you!
Contact the Bridges Helpdesk for More Information
- Our Accessible web form
- Email: Helpdesk@imagemd.org
- Text: Send to: (410) 357-1546
- Voice mail: Call (410) 357-1546, leave a voice mail message, and we will return your call
This unique project is being coordinated through The IMAGE Center of Maryland, a center for independent living in Towson, and it is funded by a grant from the Maryland Department of Education Division of Special Education/Early Intervention Services.