January 28, 2014
Question:
Dear Jennifer:
We have been receiving requests from numerous insurance companies asking for the practice to fill out an ADA questionnaire and for us to furnish them with a copy of our ADA policy.
We have a simple statement in our employee manual regarding employees but nothing in regards to patients.
Do you have any experience with this type of compliance?
Thanks in advance.
T
Answer:
As a medical provider you are absolutely required to adhere to the American with Disabilities Act -
The ADA requires access to medical care services and the facilities where the services are provided. Private hospitals or medical offices are covered by Title III of the ADA as places of public accommodation. Public hospitals and clinics and medical offices operated by state and local governments are covered by Title II of the ADA as programs of the public entities. Section 504 covers any of these that receive federal financial assistance, which can include Medicare and Medicaid reimbursements. The standards adopted under the ADA to ensure equal access to individuals with disabilities are generally the same as those required under Section 504.
A medical practice is required to provide -
- full and equal access to their health care services and facilities; and
- reasonable modifications to policies, practices, and procedures when necessary to make health care services fully available to individuals with disabilities, unless the modifications would fundamentally alter the nature of the services (i.e. alter the essential nature of the services).
Many practices do have a policy referencing the ADA, however, it is typically found in their employee handbook, related to employee rights. I am not aware of a specific requirement for a written policy of the practice relating to patients, but, it is not a bad idea to have on hand, and as compliance is required, the written policy would be affirming the practice's acknowledgement of this responsibility and address steps taken.
For assistance with an ADA policy feel free to contact Jennifer or Erica.
