Responding to a Denial
Step 5: Request “Reasonable Accommodations” Under the American’s with Disabilities Act (ADA)
If the primary reason that the facility is denying the person access is related to the use of infusion or injection medication, it may be helpful to request that they provide “reasonable accommodations” as required under the federal Americans with Disabilities Act.
If a community of people is routinely denied access to behavioral health facilities because of a well-managed health condition, that is not equitable and may be illegal. Specifically, the Americans with Disabilities Act (ADA), requires health care facilities, including inpatient/residential substance use disorder or mental health treatment facilities, to make “reasonable accommodations” or changes to “rules, policies, practices, or services” in order to give people with a disability an equal opportunity to access medical care. The ADA protects people with bleeding disorders, and therefore failure to provide a person with BD equal access to inpatient/ residential substance use disorder (SUD) or mental health (MH) treatment facilities, could be considered discrimination. It may be useful to mention this obligation to the facility.
View Suggested Language For Requesting “Reasonable Accommodations” Under the ADA
On this website, the term “behavioral health” includes both mental health and substance use disorder.
Resource Alert!
Word Document Templates From BD Providers to BH Treatment Facilities to Customize for Use in Various Scenarios:
Letter re: reasonable accommodations for person who requires assistance to receive medication
Letter from a person with BD regarding reasonable accommodations