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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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Last modified: May 25, 2011