Who should pay for interpretation when insurance quits providing for it?
Full Question:
Answer:
Private businesses that provide goods or services to the public are called public accommodations in the ADA. The ADA establishes requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreation facilities, private museums and schools and others. Nearly all types of private businesses that serve the public are included in the categories, regardless of size.
A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as hospitals. Private clubs and religious organizations are exempt from the ADA's title III requirements for public accommodations.
The method of communication and the services or aids the hospital must provide will vary depending upon the abilities of the person who is deaf or hard of hearing and on the complexity and nature of the communications that are required. Generally, a hospital must provide an interpreter to a patent if required to ensure effective treatment. Volunteer, non-profit organizations whose services are offered free-of-charge are not obliged to pay for interpretation services if the cost would cause undue hardship. When evaluating whether undue hardship would be imposed, factors to be considered, among other, may include:
1. the nature and cost of the accommodation
2. the overall financial resources of the hospice
3. the impact on the ability of other employees to perform their duties and the impact on the ability to conduct business
Unfortunately, the answer isn't clear. Whether the insurer is responsible to be is a matter of contract law and the coverage and exclusion terms contained in the contract. Whether the hospice must pay will depend on the nature of the organization and whether they can prove providing an interpreter would constitute and undue hardship that would harm the effective operation of the organzation. I suggest contacting your local ombudsman, legislator, or attorney general's offcie.
Please see the information at the following links:
http://www.aging.ca.gov/programs/ombudsman_contacts.asp
http://www.hospicepatients.org/cmplnt.html
http://www.ada.gov/hospcombr.htm
http://definitions.uslegal.com/d/discrimination/
http://definitions.uslegal.com/a/americans-with-disabilities-act/
http://lawdigest.uslegal.com/americans-with-disabilities-act/public-facility-accommodations/
http://definitions.uslegal.com/i/injunctive-relief/
http://www.captions.com/hospital.html
Please see the forms at the following links:
http://www.uslegalforms.com/ca/CA-MC-410.htm
http://www.uslegalforms.com/us/US-000266.htm
http://www.uslegalforms.com/ca/CA-5008-KL.htm
