Do health care professionals need to provide interpreters for Deaf/Hard-of-Hearing patients?
The offices of physicians and other health care providers are expressly listed as places of public accommodation subject to Title III of the ADA. ( 42 U.S.C 12181 (7) (f)) Title III requires owners and operators of all places of public accommodation to furnish appropriate aids and services-including interpreter- for hearing-impaired persons when that is necessary to ensure “effective” communication. (See, 28 C.F.R 36.303(b); DOJs TitleIII Technical Assistance Manual, pg 25) That requirement is subject to the ” undue hardship” and “fundamental alteration” defenses. (42 U.S.C. 12182(b) (2) (A) (ii) and (iii)) Thus, when provision of an interpreter is necessary to ensure effective communication between a health care provider must provide the interpreter unless either the undue hardship or fundamental alteration defense is satisfied.
