O&P Facilities' Obligation to Provide Interpreters
NAAOP
Description
Collection
Title:
O&P Facilities' Obligation to Provide Interpreters
Creator:
NAAOP
Date:
1/19/2004
Text:
In a response to the message sent on the listserve regarding an O&P
facility's obligations to provide interpreters to deaf or hard of hearing
patients, the following describes an O&P facility's rights and
responsibilities under the Americans with Disabilities Act of 1990 (ADA).
O&P facilities are considered public accommodations under Title III of the
ADA, regardless of the size of the business or number of employees. As a
public accommodation, an O&P facility has a responsibility to provide
effective communication through its policies and procedures with the
public, including patients. Effective communication does not require the
provision of an interpreter for every patient who requests it or who is deaf
or hard of hearing. In many instances, note taking and the use of other
auxiliary aids and services to achieve effective communication are perfectly
acceptable. However the complexity of the communication is largely what
determines what form of communication would be considered effective. For
a routine patient encounter, an interpreter is not required absent
extenuating circumstances. However, if the patient encounter involves a
more complex set of communications and consideration of more complicated
issues, an interpreter may well be required by the ADA.
If the patient requests an interpreter, the practitioner should engage in a
dialogue with the patient and/or his/her representative or family members to
arrive at the method of communication that suits the particular needs of the
patient and the circumstances of the patient visit.
If an interpreter is determined to be required, the O&P facility is
obligated to pay for the interpreter entirely and may not impose a surcharge
on the patient, even if the reimbursement for the patient service is less
than the cost of the interpreter needed for that patient visit. The cost of
interpreter services are measured against the revenues of the entire
operation, not against the individual requiring the interpreter. In other
words, the provision of interpreters or other auxiliary aids and services to
deaf and hard of hearing patients is a cost of doing business with the
public.
This response is provided to the O&P community as a service of the National
Association for the Advancement of Orthotics and Prosthetics (NAAOP).
Although drafted by NAAOP's General Counsel, Peter W. Thomas, it does not
constitute legal advice.
Visit our web site at www.oandp.com/naaop
Come share YOUR view! Government Relations is what WE do!
facility's obligations to provide interpreters to deaf or hard of hearing
patients, the following describes an O&P facility's rights and
responsibilities under the Americans with Disabilities Act of 1990 (ADA).
O&P facilities are considered public accommodations under Title III of the
ADA, regardless of the size of the business or number of employees. As a
public accommodation, an O&P facility has a responsibility to provide
effective communication through its policies and procedures with the
public, including patients. Effective communication does not require the
provision of an interpreter for every patient who requests it or who is deaf
or hard of hearing. In many instances, note taking and the use of other
auxiliary aids and services to achieve effective communication are perfectly
acceptable. However the complexity of the communication is largely what
determines what form of communication would be considered effective. For
a routine patient encounter, an interpreter is not required absent
extenuating circumstances. However, if the patient encounter involves a
more complex set of communications and consideration of more complicated
issues, an interpreter may well be required by the ADA.
If the patient requests an interpreter, the practitioner should engage in a
dialogue with the patient and/or his/her representative or family members to
arrive at the method of communication that suits the particular needs of the
patient and the circumstances of the patient visit.
If an interpreter is determined to be required, the O&P facility is
obligated to pay for the interpreter entirely and may not impose a surcharge
on the patient, even if the reimbursement for the patient service is less
than the cost of the interpreter needed for that patient visit. The cost of
interpreter services are measured against the revenues of the entire
operation, not against the individual requiring the interpreter. In other
words, the provision of interpreters or other auxiliary aids and services to
deaf and hard of hearing patients is a cost of doing business with the
public.
This response is provided to the O&P community as a service of the National
Association for the Advancement of Orthotics and Prosthetics (NAAOP).
Although drafted by NAAOP's General Counsel, Peter W. Thomas, it does not
constitute legal advice.
Visit our web site at www.oandp.com/naaop
Come share YOUR view! Government Relations is what WE do!
Citation
NAAOP, “O&P Facilities' Obligation to Provide Interpreters,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 2, 2024, https://library.drfop.org/items/show/222350.
