Office for Civil Rights
Medicare Certification Civil Rights Information Request Form
Auxiliary Aids and Services for Persons With
Disabilities
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Applicable Regulatory Citations:
Section 504 of the Rehabilitation Act of 1973: 45
CFR Part 84
§84.3
Definitions
(h) Federal financial assistance – means any
grant, loan … or any other arrangement by which
[DHHS] makes available … funds; services …
(j) Handicapped person – means any person who
has a physical or mental impairment which substantially
limits one or more major life activities, has a record of
such an impairment, or is regarded as having such an
impairment.
(k) Qualified handicapped person means - (4) With
respect to other services, a handicapped person who meets
the essential eligibility requirements for the receipt of
such services.
§84.4 Discrimination
prohibited
(1) General. No qualified handicapped person
shall, on the basis of handicap, be excluded from
participation in, be denied the benefits of, or otherwise
be subjected to discrimination under any program or
activity which receives or benefits from Federal financial
assistance.
Discriminatory actions prohibited –
(1) A recipient, in providing any aid, benefits, or
service, may not, directly or through contractual,
licensing, or other arrangements, on the basis of
handicap:
(i) Deny a qualified handicapped person the opportunity to
participate in or benefit from the aid, benefit, or
service;
(ii) Afford a qualified handicapped person an opportunity
to participate in or benefit from the aid, benefit, or
service that is not equal to that afforded other;
(iii) Provide a qualified handicapped person with
an aid, benefit, or service that is not as effective
as that provided to others;
(iv) Provide different or separate aid, benefits, or
services to handicapped persons or to any class of
handicapped persons unless such action is necessary to
provide qualified handicapped persons with aid, benefits,
or services that are as effective as those provided to
others;
(v) Aid or perpetuate discrimination against a qualified
handicapped person by providing significant assistance to
an agency, organization, or person that discriminates on
the basis of handicap in providing any aid, benefit, or
service to beneficiaries of the recipients program;
(vi) Deny a qualified handicapped person the opportunity
to participate as a member of planning or advisory boards;
or
(vii) Otherwise limit a qualified handicapped person in
the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving an aid, benefit,
or service.
Subpart F – Health, Welfare and Social
Services
§84.51 Application
of this subpart
Subpart F applies to health, welfare, or other social
service programs and activities that receive or benefit
from Federal financial assistance …
§84.52 Health, welfare, and other
social services.
(a) General. In providing health, welfare, or other
social services or benefits, a recipient may not, on the
basis of handicap:
(1) Deny a qualified handicapped person these benefits or
services;
(2) Afford a qualified handicapped person an opportunity
to receive benefits or services that is not equal to that
offered nonhandicapped persons;
(3) Provide a qualified handicapped person with benefits
or services that are not as effective (as defined in
§ 84.4(b)) as the benefits or
services provided to others;
(4) Provide benefits or services in a manner that limits
or has the effect of limiting the participation of
qualified handicapped persons; or
(5) Provide different or separate benefits or services to
handicapped persons except where necessary to provide
qualified handicapped persons with benefits and services
that are as effective as those provided to others.
(b) Notice. A recipient that provides
notice concerning benefits or services or written material
concerning waivers of rights or consent to treatment shall
take such steps as are necessary to ensure that qualified
handicapped persons, including those with impaired sensory
or speaking skills, are not denied effective notice
because of their handicap.
(c) Auxiliary aids. (1)
A recipient with fifteen or more employees “shall
provide appropriate auxiliary aids to persons with
impaired sensory, manual, or speaking skills, where
necessary to afford such person an equal opportunity to
benefit from the service in question.” (2) Pursuant
to the Department’s discretion, recipients with
fewer than fifteen employees may be required “to
provide auxiliary aids where the provision of aids would
not significantly impair the ability of the recipient to
provide its benefits or services.” (3)
“Auxiliary aids may include brailed and taped
material, interpreters, and other aids for persons with
impaired hearing or vision.”
Go to 45 CFR
Part 84 for the full regulation.
504 Notice
The regulation implementing Section 504 requires that an
agency/facility "that provides notice concerning
benefits or services or written material concerning
waivers of rights or consent to treatment shall take such
steps as are necessary to ensure that qualified disabled
persons, including those with impaired sensory or speaking
skills, are not denied effective notice because of their
disability." (45 CFR §84.52(b))
Note that it is necessary to note each area of the
consent, such as:
1. Medical Consent
2. Authorization to Disclose Medical Information
3. Personal Valuables
4. Financial Agreement
5. Assignment of Insurance Benefits
6. Medicare Patient Certification and Payment Request
Resources:
U.S. Department of Justice Document:
ADA Business
Brief: Communicating with People Who are Deaf or
Hard of Hearing in Hospital Settings
ADA Document
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Institute on Disability and Rehabilitation Research, this
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with responsibilities under the law. It also offers
extensive document collections on other disability rights
laws and issues. By clicking on one of the general
categories in the left column, for example, you will go to
a catalogue of documents that are specific to the
topic.
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