Independent Living and Diversity Resources

ADA and Beyond

By clicking on the links below, you may be leaving the IEHP website.

 

ADA and Beyond: A resource for health providers, IPAs and others interested in the Americans with Disabilities Act, California law as it related to accessibility and Universal Design.

 

In partnership with our Provider Network, IEHP strives to break down barriers to medical care and promote health and wellness for Members with disabilities.

 

With accessibility issues often cited as an obstacle to care, we publish this site to help all stakeholders in the health care system understand the barriers and in some cases the solutions. We invite you to browse these topics:

 

Accessibility of Doctor's offices, clinics, and other health care providers is essential in providing medical care to people with Disabilities. Find out more by following the link to the ADA's Access Guide (PDF).

 

The Federal Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability and sets national standards for accessibility. Each page in this section gives you a summary of ADA related documents and a link to the actual Federal resource. 

 

By clicking on this link, you will be leaving the IEHP website.

 

View the full text of the law at the ADA Website.

Enforcement

Lawsuits for ADA Violations

 

U.S. Department of Justice (DOJ)
1994

 

Status reports, briefs, and settlement information will help you stay up-to-date on precedent-setting ADA litigation. Unsuccessful negotiations or mediation may lead to federal lawsuits. Courts can order compensatory damages, back pay, or civil penalties up to $55,000 for the first violation and $110,000 for any subsequent one. 

 

Read more about DOJ Litigation

 

Alternative to Litigation

 

U.S. Department of Justice (DOJ) Mediation Program Established: 1994

 

Mediation, which is confidential and voluntary, can resolve some ADA disputes quickly and satisfactorily – without the expense and delay of formal investigation and litigation. 

 

Read more about DOJ Mediation

Facts and Information

Diagnosing & Treating Members with Auditory Disability

Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings

U.S. Department of Justice (DOJ) Disability Rights Section, Civil Rights Division
Published 2003

 

Interactive doctor-patient discussions with individuals who are deaf or hard-of-hearing may require an interpreter to ensure proper diagnosis and treatment. DOJ’s brief outlines the types of interpreter services including sign language, oral interpretation, cued speech, and Computer Assisted Real-time Transcription (CART)

 

Read the Full Article:

 

Phone Calls & Auditory/Speech Disabilities

Phone Calls & Auditory/Speech Disabilities - Technology Breaks Communication Barriers

Created by IEHP, 2006

 

Learn about FREE options for effective telephone communication with individuals who have auditory and/or speech disabilities:

  • National Telecommunication Relay Service (TRS) – two-way translation between individuals using a TTY and a standard telephone
  • Speech-to-Speech (STS) Relay Service – assistance for individuals with speech disabilities by repeating their message verbatim.

Read the Full Article 

 

Dispelling ADA Myths

Just the Facts on the ADA

Adapted from 1995 DOJ fact sheet
IEHP, 2006

 

Get the facts on common ADA misconceptions. ADA Myths & Facts 

 

Accessibility Pays Off at Tax Time

Tax Incentives for ADA Compliance

Take advantage tax incentives that help eligible businesses comply with the Americans with Disabilities Act.  The Federal and California state governments offer Tax Credits and/or Deductions for improving accessibility and/or employing persons with disabilities.

 

Attorney General’s ADA Tax Incentives Packet

Your practice/health care facility may be eligible for tax credits and/or deductions to help offset the costs of improving accessibility for patients and employees with disabilities. The Attorney General’s packet includes a fact sheet and Internal Revenue Service (IRS) form and instructions.

 

Download IEHP's Fact Sheet

 

Download the Attorney General's information packet:

Standards for Accessible Design

ADA Accessibility Guidelines

U.S. Department of Justice (DOJ)
1991

 

The ADA Accessibility Guidelines (ADAAG) include stringent criteria for health care Providers as well as additional requirements based on building use (special application 6 – Medical Care Facilities). The Standards for Accessible Design apply to the architecture and construction of new buildings/facilities as well as alterations to existing structures.

 

Download the Standards

 

Download Special Application 6 (Health Care Facilities)

 

Removing Existing Barriers

Checklist for Readily Achievable Barrier Removal

Adaptive Environments Center, Inc. and Barrier Free Environments, Inc.
1995

 

Identify accessibility problems and solutions for eliminating physical/architectural and communication barriers. Use this informal checklist as a guide to meet your obligations under the ADA (for existing facilities only, not new construction or alterations).

 

Download the checklist for readily achievable barrier removal

 

ADA Regulations for Health Care Providers

Nondiscrimination on the Basis of Disability

U.S. Department of Justice (DOJ)
1991

 

Federal regulations for accessibility at Health care facilities include standards for the architecture of buildings, alterations, and new construction (ADA, Title III). 

 

Basic ADA Requirements for Health Care Providers

ADA Title III Highlights

U.S. Department of Justice (DOJ) Disability Rights Section, Civil Rights Division
Published 1990

 

This functional outline of the ADA’s Title III (section covering health care providers) helps you become familiar with key requirements that impact you and your patients. DOJ’s overview provides details in bullet format for quick reference.

 

Practical Guidance for ADA Compliance

Title III Technical Assistance Manual 

U.S. Department of Justice (DOJ)
1993 and 1994

 

This manual (with supplement) outlines ADA requirements for businesses to ensure access to goods, services, and facilities. The reader-friendly format offers:

  • Lay terms and practical examples (limited legalese)
  • Focused, systematic description of requirements
  • Questions/answers and illustrations 

Technical Assistance

DOJ ADA

Information and Technical Assistance on the Americans with Disabilities Act 

The official ADA website of the U.S. Department of Justice (DOJ) offers the most up-to-date information and practical guidance on design, construction, and operation: 

  • Regulations and standards impacting Providers and Members 
  • Accessibility and reasonable accommodations guidelines 
  • Solutions for ensuring access within your budget 
  • Tax credits and incentives 
  • Technical assistance and materials/publications

 

Visit DOJ's ADA Homepage

 

Avoid Costly Building Mistakes

Common ADA Errors and Omissions in New Construction and Alterations 

U.S. Department of Justice (DOJ) Disability Rights Section, Civil Rights Division
Published 1997

 

Incorporating ADA Standards into initial building/alteration plans helps ensure patient safety as well as cost-effectiveness. Review some of the most common accessibility errors/omissions identified through DOJ’s ongoing enforcement efforts. Following each error/omission, you’ll find an explanation of its significance and reference to the appropriate requirement under the ADA Standards for Accessible Design.  

 

Online ADA Course

Reaching Out to Customers with Disabilities

U.S. Department of Justice (DOJ) with Representatives of Business and Disability Communities
2005

 

Learn about ADA compliance in an online course with 10 short lessons.

  1. Policies, Practices, and Procedures
  2. Communicating with Customers Who Have Disabilities
  3. New Buildings, Additions, and Remodeling
  4. Removing Barriers in Buildings That Are Not Being Remodeled
  5. Providing Access When Removing Barriers Is Not Readily Achievable
  6. Maintaining Accessibility
  7. Transporting Customers
  8. ADA Compliance Costs and Tax Incentives
  9. Enforcement of the ADA
  10. Information Sources

 

Take the ADA online course

 

Pacific Region ADA Technical Assistance

Disability Business Technical Assistance Center (DBTAC) Region IX 

National Institute on Disability and Rehabilitation Research U.S. Department of Education
1995

 

Get information on your compliance obligations, problem-solving assistance, and referrals from ADA experts – without the high cost of a consultant. The 10 regional ADA & IT Technical Assistance Centers serve strictly as educational entities to help you understand your rights and responsibilities and have no enforcement or advocacy responsibilities. Federal Region IX, Pacific, serves: Arizona, California, Hawaii, Nevada, and the Pacific Basin.

Community Based Adult Services (CBAS)

SPD Awareness Training

By making your facilities accessible you convey a sense of welcome for people with disabilities. Most of all, you comply with the requirements set by the Americans with Disabilities Act (ADA) of 1990. This is a civil rights law that prohibits discrimination against persons with disabilities on the basis of their disability in programs and services that receive federal financial assistance. Please see the resources below for more detailed information.

 

Office Accessibility

 

Community Resources

 

Disability Competency and Sensitive Training

 

You will need Adobe Acrobat Reader 6.0 or later to view the PDF files. You can download a free copy by clicking here.