- 6 - With regard particularly to disabled individuals, ADA regulations provide as follows: A health care provider may refer an individual with a disability to another [health care] provider, if that individual is seeking, or requires, treatment or services outside of the referring provider’s area of specialization, and if the referring provider would make a similar referral for an individual without a disability who seeks or requires the same treatment or services. A physician who specializes in treating only a particular condition cannot refuse to treat an individual with a disability for that condition * * *. [28 C.F.R. sec. 36.302(b)(2) (2002); emphasis added.] In order to comply with the above general ADA prohibition of discrimination against individuals with disabilities, places of public accommodation such as petitioner’s optometric practice are required to make reasonable modifications to their facilities and procedures that are necessary in order to provide services to individuals with disabilities. 42 U.S.C. sec. 12182(b)(2)(A)(ii); 28 C.F.R. sec. 36.302(a) (2002). Places of public accommodation are required to remove any physical barriers including communication barriers that are structural in nature, where such removal is “readily achievable”. 42 U.S.C. sec. 12182(b)(2)(A)(iv); 28 C.F.R. sec. 36.304(a) (2002). “Readily achievable” is defined by ADA as being “easily accomplishable and able to be carried out without much difficulty or expense.” 42 U.S.C. sec. 12181(9) (2000). Factors to be considered include the following:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011