with disabilities, unless the modifications would fundamentally alter the nature of the services.
Some ADA requirements are not easily implemented in the real world, so there is flexibility. For example, not every medical diagnostic machine has to be accessible so long as there are enough accessible machines to serve persons with disabilities.
The ADA requires private businesses to make changes in most older buildings that are“ readily achievable” to make those buildings and services accessible and usable by persons with disabilities. This means they are to make any and all changes that are easily accomplishable and can be made without much difficulty or expense. For instance, adding a wall or an elevator is not readily achievable. Restriping a parking lot to add accessible spaces is.
Can medical providers refuse to treat you because the office is not accessible or there is no accessible medical equipment?
No. You cannot be denied the same treatment as someone without a disability. This means providers must have a wheelchair accessible entrance, and the office must be accessible, no matter if the office space is owned or leased by the provider. They must also provide an accessible examination table, stretcher or gurney if it is needed for treatment. If accessible equipment is not needed, it is reasonable for the provider to examine you as you sit in your wheelchair.( Read the Proposed Accessibility Standards for Medical Diagnostic Equipment)
Can you be required to bring someone with you to help with transferring or during the exam?
No. You can choose to bring someone, but you cannot be told to bring someone to help. Providers can ask you if you need help and, if so, what is the best way to help. But they must use a patient lift or have trained staff available to assist you if needed. This assistance may include helping you to dress or undress, transfer to and from an exam table or other equipment. If needed, providers must also have staff to stay with you to help maintain balance and positioning.
What might you do if you are denied medical service, the office is not accessible, or there is no accessible medical equipment?
The quickest and easiest way to improve access is to handle things yourself. First, ask to speak to the person in charge. This may be the doctor or office manager. Be polite but clear in telling that person what the barriers are and request that the barriers be removed.
Many medical providers do not own the facility and are only leasing it. They may not know that both owners and tenants are equally covered by the ADA. You can tell the provider that they both have a responsibility for complying with ADA requirements.
Second, get the providers address or email. You should follow-up in writing to check on progress. Be sure everything is dated.
Third, be mindful that some barriers may take longer than others to be removed. Allow a reasonable amount of time for the barriers to be removed.
Finally, if all reasonable efforts to make the services accessible have been unsuccessful, you can file a complaint.
• Call the U. S. Department of Justice( 800-514-0301) or file a complaint online.
• Contact your State or Local Bar Association to get a referral to an attorney who may be able to assist you.
• You may also obtain the services of a private attorney and file a complaint in federal court.
Note: This article was written by the editor and Graham Sisson, JD, Executive Director, Alabama Governor’ s Office on Disability and the State’ s ADA Coordinator and Assistant Attorney General with the Alabama Department of Rehabilitation Services.
Questions and Answers: Depression after Spinal Cord Injury
How common is depression after SCI? There is a common belief that everyone must get depressed after spinal cord injury( SCI). After all, SCI is one of the most life-changing events that can happen.
It is normal to have days when you feel“ down” or“ bad” after SCI, but most people adjust well to life after SCI. Only about 1 out of 4 people become depressed after SCI. And most people who do become depressed have a history of depression before their injury. This means their depression is not likely caused by their injury. It is likely due to some other reason.
How are sadness and depression different?
It can be hard to tell the difference between feelings of sadness and depression because they often begin much the same and are often thought of as the same, especially after SCI. In fact, it is common to hear someone say,“ I’ m depressed,” when they are actually sad.
There are two key differences between sadness and depression. Sadness is a short-term feeling that typically lasts no longer than a few weeks. Sadness lasting longer than that may be a sign of depression. Another difference between sadness and depression is that with sadness, you can still do and enjoy things you find important in your life. People who are depressed often do not do or care about things they normally enjoy.
What do I do if I think I am depressed?
It is important to know that depression is a treatable medical condition. Always contact your healthcare professional for advice. Learn more by reading Depression and Spinal Cord Injury.
UAB Spinal Cord Injury Model System Information Network
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