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| Resources and References |
ADA Checklist MEDICAL CARE FACILITIES
- Checklist developed by Utah Disability Law Center - federal regs apply in WV.
Other Topics:
Access
Architectural Barriers
Reasonable Accommodation
Community Services
Contributor: WVDDC
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ADA Questions and Answers for Health Care Providers
- Title III of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities by places of public accommodation. 42 U.S.C. Š 12181 - Š 12189. Private health care providers are considered places of public
accommodation. The Department of Justice has issued regulations for the obligations of public accommodations under Title III at 28 C.F.R. Part 36. The Department's Analysis to this regulation is at 56 Fed. Reg. 35544 et seq. (July
26, 1991). This memorandum focuses on the obligations of private health care providers
under Title III. Hospitals and other health care facilities that are operated by state
or local governments are covered by similar rules under Title II of the ADA. 42 U.S.C. Š121 31 et seq. Most of the questions and answers will provide useful guidance for those providers as well.
Other Topics:
Access
Community Services
Contributor: WVDDC
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Accommodating people with intellectual disabilities
- This paper will tell consumers and those involved in consumers' lives how the ADA may apply to people with a cognitive disability. By "cognitive disability", we mean someone who has difficulty reading, writing and understanding, due to mental retardation, autism, traumatic brain injury, or other disability. Examples based upon real life situations illustrate the kinds of issues and considerations that may be involved with this population. We give examples of reasonable accommodations that employers, businesses and public agencies may need to provide to give people with cognitive disabilities equal opportunities under the law. Reasonable accommodations for a person with a cognitive disability may look quite different than those for a person with a physical disability.
Other Topics:
Access
Reasonable Accommodation
Other ADA
Community Services
Employment
Contributor: WVDDC
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Analysis of State Statutes on Advance Directives
- There is increasing interest among people with mental illness and their clinicians and service
providers that advance health care planning may enable individuals to have greater control of
their treatment, may provide important information to guide health care providers to make
treatment decisions, may reduce the need for formal court adjudications of treatment, and may
reduce the costs associated with involuntary care. Likewise, it has been argued that use of
written advance directive instruments may have significant therapeutic value and function as an
important "safety valve" for difficult treatment and legal issues. However, advance written
health care directives are not without significant limitations and are uniquely products of state
law.
Other Topics:
Advance Directives
Mental Health Issues
Community Services
Contributor: WVDDC
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DRUGS AND ALCOHOL TESTING UNDER THE ADA
- Acknowledgement: This publication utilizes materials originally developed by
the Arizona Center for Disability Law as adpatged by Idaho P&A. Except for reference to state law, federal law applies in WV.
Other Topics:
Americans with Disabilities Act
Contributor: WVDDC
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Deaf Rights in inpatient health care facilities
- Inpatient health care facilities have important responsibilities under federal law to be accessible to deaf and hard of hearing individuals. Failing to provide interpreters and adapted equipment may be discrimination on the basis of disability. In addition, failure to establish effective communication with a deaf
patient may expose a health care provider to liability for medical malpractice.
Other Topics:
Mental Health Issues
Facility Based Services
Americans with Disabilities Act
Rehab Act
Contributor: WVDDC
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Fact Sheet 28: The Family and Medical Leave Act of 1993
- The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.
Other Topics:
Family and Medical Leave Act
Contributor: WVDDC
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Frequently Asked Questions and Answers - FMLA
- Frequently Asked Questions and Answers - Family Medical Leave Act
Other Topics:
Family and Medical Leave Act
Contributor: WVDDC
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Psychiatric Advance Directives and Treatment of Committed Patients
- Advance directives have been one of the more promising innovations in recent years to give patients a greater voice in their psychiatric
treatment. Completed when patients are competent, advance directives allow patients to appoint proxy
decision makers and to make choices about particular treatments, all to take effect should patients later become incompetent to make decisions for themselves. Advance directives have been hailed as a way of encouraging patients and treaters to discuss future contingencies and to negotiate mutually acceptable approaches to
care. All states have statutes that govern the use of advance directives, which can be applied to general medical and psychiatric care, and many
states now have special provisions for advance directives for psychiatric care per se.
Other Topics:
Mental Health Issues
Commitment Procedures
Right to Refuse Treatment
Other Mental Health
Contributor: WVDDC
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Report on Litigation on Community Services for People with Disabilities
- Many lawsuits challenge state policies that limit access to Medicaid home and community services. Others aim at securing community services in the most integrated setting for institutionalized persons as provided by the Americans with Disabilities Act (ADA). Still others challenge state policies that prevent individuals with disabilities from accessing the full range of community services. This periodic report tracks the status of lawsuits that revolve around home and community services for people with disabilities. We caution that the report is not necessarily inclusive of all lawsuits in this arena.
Other Topics:
Mental Health Issues
Community Services
Contributor: WVDDC
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Right to a Qualified Sign Language Interpreter
- Description of patient right to a qualified sign language interpreter when seeking medical services.
Other Topics:
Civil Rights
Health
Mental Health Issues
Technology
Americans with Disabilities Act
Contributor: WVDCC
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Right to a Qualified Sign Language Interpreter - Medical Care
- Under the ADA, the medical service provider has a duty to help patients who are deaf or hard of hearing:
Other Topics:
Access
Contributor: WVDDC
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