Legal & EthicalQuestion 187 of 200

A resident with hearing loss requests a sign-language interpreter for a care conference. Under the ADA, the facility must:

a.Refuse the request, because qualified interpreters are too expensive for the facility to provide
b.Provide effective communication aids and services (such as a qualified ASL interpreter, captioning, written notes) free of charge to the resident; refusal violates Title III of the ADA (42 USC §12181 et seq.) and Section 504 of the Rehabilitation Act
c.Provide an interpreter only after the resident files a lawsuit against the facility
d.Provide the interpreter but charge the cost back to the resident's account

Explanation

Title III of the ADA (42 USC §12181 et seq.) requires places of public accommodation, including healthcare facilities, to provide auxiliary aids and services (qualified interpreters, captioning, written materials) to ensure effective communication with persons with disabilities at no cost to the individual. Section 504 of the Rehabilitation Act extends similar requirements to entities receiving federal funds (Medicare/Medicaid). Charging (d), refusing (a), or waiting for a lawsuit (c) are unlawful. The CNA reports the request to the nurse/social worker to arrange the service promptly.

Law Reference: ADA 42 USC §12101 et seq.; Section 504 of the Rehabilitation Act

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