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The Justice Department and the Department of Health and Human Services (HHS) partnered to publish guidance on the protections in federal nondiscrimination laws requiring that telehealth be accessible to people with disabilities and limited English proficient persons.
Protections for people with disabilities include among other things effective communication. Providers must communicate effectively with people who have communication disabilities when providing care in person or through telehealth.
This requirement applies to all communications, including about provider availability, records access, scheduling, and during appointments. Health care providers must provide communication aids and services when needed and at no cost to the patient. For example, a provider who uses telehealth may need to ensure that the telehealth platform it uses can support effective real-time captioning for a patient who is hard of hearing.
