Dear :
I am a person with deafness or hearing loss. I ask that a sign language interpreter be present during my upcoming appointment with you so that we may communicate with one another about my health. I make this request pursuant to my right under the Americans with Disabilities Act (ADA) to effective communication in the professional offices of a health care provider, a hospital, or a pharmacy.1
As the professional offices of a health care provider, a hospital, or a pharmacy, you are an entity covered by the ADA.2 As a covered entity, you must take steps to ensure that you do not exclude, deny services to, segregate, or otherwise treat persons with disabilities differently from persons without disabilities. One way to ensure that persons with disabilities enjoy equal access to your facilities is to provide them with auxiliary aids and services.3 If you are concerned that providing the requested auxiliary aid or service would fundamentally alter the nature of your services or would result in significant difficulty or expense, you must provide an alternative auxiliary aid or service that does not result in such alteration or burden.4 The auxiliary aid or service must be provided at no cost to the person with the disability.
As a person with deafness or hearing loss, I am considered a person with a disability under the ADA whom you must accommodate in your facilities.5 An appropriate auxiliary aid and/or service to ensure that I have equal access to your services is a qualified sign language interpreter.6 The U.S. Department of Justice has recognized that most health matters are sufficiently complex and lengthy that persons with communication barriers (such as persons with deafness and hearing loss) will almost certainly need an interpreter for effective communication.7 If for some reason you are considering providing an auxiliary aid or service other than the requested interpreter, please remember that you must provide one that ensures effective communication.8 For many people with hearing impairments, writing or typing notes and/or lip reading is not an effective means of communication. You are always strongly encouraged to consult with me to determine the most effective means of communication for me.9
If you have any questions or would like more information about your responsibility to accommodate persons with disabilities in your facility, please contact Disability Rights North Carolina at 1-877-235-4210 or consult with your attorney. Your professional association also may have information about accommodating clients with disabilities. You may also want to consult with your accountant about the tax benefits available to businesses that provide accommodations under the ADA.
Sincerely,
Footnotes
- See 42 U.S.C. § 12181(7)(F); 42 U.S.C. § 12182; 28 C.F.R. § 36.303(c).
- See 42 U.S.C. § 12181(7)(F); 42 U.S.C. § 12182.
- See 42 U.S.C. § 12182 (b)(2)(A).
- See 26 C.F.R. § 36.303(a) & (f); 42 U.S.C. § 12182(b)(2)(A)(iii).
- See 42 U.S.C. § 12102 (a disability is a physical or mental impairment substantially limiting one or more of a person’s major life activities, including hearing, speaking, and communicating).
- See 42 U.S.C. § 12182(b)(2)(A)(iii); 42 U.S.C. § 12103 (1)(A); 28 C.F.R. § 36.303. A qualified interpreter is one who “is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary. See 28 C.F.R. § 36.104.
- See 28 C.F.R. § 36, App. B.
- See 28 C.F.R. § 36.303 (c).
- See 28 C.F.R. § 36, Appendix B.
Learn more about your right to request a sign language interpreter in healthcare.