David B. and Janis Hubbard - Page 6

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               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:                                           






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