HHS and DOJ Announce Guidance on Nondiscrimination in Telehealth

Aug. 1, 2022

HHS and DOJ issued guidance on July 29 regarding protections on federal nondiscrimination laws requiring telehealth be accessible to individuals with disabilities and limited English proficiency

Janette Wider

On July 29, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) announced a partnership to publish guidance on the protections in federal nondiscrimination laws, including the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and Section 1557 of the Patient Protection and Affordable Care Act, requiring that telehealth be accessible to people with disabilities and individuals with limited English proficiency. The announcement was made in conjunction with the commemoration of the 32nd anniversary of the ADA.

The laws outlined above work together to prohibit discrimination and protect access to healthcare—the guidance can be accessed here.

A press release on the announcement states that “Technological developments and the COVID-19 public health emergency have increased the importance of providing telehealth and greatly expanded its use. Telehealth can take many forms, including communication between a patient and a healthcare provider via video, phone, or other electronic means. While telehealth has many benefits, including making healthcare more available and convenient, certain populations may face discrimination or other barriers in accessing care provided via telehealth. For example:

A person who is blind or has limited vision may find that the web-based platform their doctor uses for telehealth appointments does not support screen reader software.
A person who is deaf and communicates with a sign language interpreter may find that the video conferencing program their provider uses does not allow an interpreter to join the appointment from a separate location.
A limited English proficient person may need instructions in a language other than English about how to set up a telehealth appointment.”

Further, “The HHS Office for Civil Rights and Justice Department’s Civil Rights Division have collaborated to provide this new guidance to help healthcare providers better understand their nondiscrimination obligations and patients better understand their rights under federal law in this area. The guidance provides examples of actions that may be discriminatory and describes steps that providers may need to take to ensure that healthcare offered via telehealth is accessible. The guidance also provides a list of resources that providers and patients may wish to consult for additional information about telehealth and civil rights protections.”

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division was quoted in the release saying that “We have seen important expansions in healthcare technologies, such as telehealth, that provide great convenience and help for people seeking care. This guidance makes clear that there is a legal obligation to ensure that all people receive full access to needed healthcare and can connect to telehealth services, free of discriminatory barriers. While we celebrate the progress of the ADA, we know how important it remains to uphold the rights of people with disabilities and other protected individuals to make our country accessible and inclusive for all. That work has been a priority of this Administration from day one, and President Biden’s Executive Order on advancing equity explicitly includes people with disabilities in its call for comprehensive action.”