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With the increased usage of telehealth due to the pandemic, the Departments of Justice and Health and Human Services jointly issued guidance which addresses federal nondiscrimination requirements.
Telehealth can make health care more available and convenient. But it must be accessible to people with disabilities and limited English proficiency.
The Americans with Disabilities Act may require providers to make reasonable changes to their policies, practices, or procedures regarding telehealth services to avoid discriminating on the basis of disability. Section 1557 of the Affordable Care Act requires covered health programs or activities provided electronically to be accessible to individuals with disabilities unless doing so would result in undue burdens or fundamental alteration of the health program.
The guidance provides examples of discriminatory actions and offers steps employers can take to ensure telehealth accessibility. It also provides employer and employee resources about telehealth and civil rights protections. Download the bulletin for more details.
This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
