Hospitals and Rights of Patients with Disabilities

Steps You Can Take:

See the 4 steps above.

Your Rights:

Under state and federal law, hospitals must have a grievance policy. It’s a way to make complaints. You have the right to file a complaint using their grievance process. You have a right to get a written copy of any decision.

• 42 CFR § 482.13 (a)(2), Minn Stat. § 144.651 Subd. 20

Steps You Can Take:

1. Tell the hospital what support you need to make an informed choice. If you feel you need a support person to make an informed choice, tell the hospital that. 
    
2. Ask for a copy of the care or treatment plan. See if the medical care you are getting matches the written plan.
    
3. Give the hospital copies of records that describe your medical care needs, like notes from your primary care doctor or support team.
    

Your Rights:

You or your representative have the right to make informed choices about your care. This includes the right to be told about your health status, the right to be part of planning your care, and the right to refuse or ask for treatment.

• 42 CFR § 482.13 (b); Minn Stat.144.651 Subd. 10

Steps You Can Take:

1. Tell the hospital your guardian is necessary to help you get or understand information about your medical care and to protect your right to make informed choices about your care.
    
2. Make sure you have a copy of the guardianship court order. Make sure your guardian can show a photo ID.
    
3. If your guardianship orders say that your guardian has the power to make medical decisions for you, show the hospital that section of the order. Remind the hospital that decisions about your care are not valid if you can’t talk to you guardian.
    

Your Rights:

Minnesota Courts often give guardians the power to make decisions about medical care.

• Minn. Stat. § 524.5-313(c)(4)(i).

Hospitals must let patients, or their medically necessary representatives, to take part in all aspects of their health care.

• 42 CFR § 482.13, Minn. Stat. § 144.651 Subd 10.

Steps You Can Take:

1. Tell the hospital why it is necessary to have your own equipment with you in the hospital.
    
2. Ask the hospital for a copy of their policy about bringing personal equipment in.
    
3. Get copies of letters from your primary doctor and other personal health care providers that show this is necessary.
    
4. Let the hospital know that you will follow all disinfecting procedures they have in place during the COVID-19 pandemic.
    

Your Rights:

Under the ADA and MHRA, hospitals have to make reasonable modifications to policies and practices if it is necessary to make their health care services fully available to people with disabilities.

Steps You Can Take:

1. Tell the hospital you need an interpreter (or, other accommodations) for communication to be effective.
    
2. Be specific. Tell the hospital why you need that type of aid or service for effective communication. Also tell them why what they offer does not work.
    

Your Rights:

Hospitals have to provide auxiliary aids and services when it is necessary for effective communication with patients.

• 28 CFR. § 36.303; Minn. Stat. § 363A.11 Subd. 3

If you feel you are being discriminated against (or if you feel you are being treated differently because of your disability), you can:

• File a complaint with the Office of Civil Rights by calling (800) 368-1019 or (800) 537-7697 or online at https://ocrportal.hhs.gov/ocr/cp/complaint_frontpage.jsf. 

• File a complaint with the Minnesota Department of Human Rights by calling (651) 539-1133 or (800)-657-3704 or online at https://mn.gov/mdhr/intake/consultationinquiryform/.
   

If you have concerns about your medical care, you can file a complaint with the Minnesota Department of Health by calling (651)201-4200 or online at https://www.health.state.mn.us/facilities/regulation/ohfc/filecomp.html.

You can file a complaint on your own or with the help of a lawyer. If you face disability discrimination in a hospital or are being denied your rights, call us and we will try to help.

Minnesota Disability Law Center
612-334-5970 or 1-800-292-4150