The below information is nearly word for word from an expert in the ADA (Americans with Disabilities Act). The text below should apply not only only to the patient’s in-room time, but also to tests and procedures, such as MRI tests, as well as to transport to the tests and procedures, especially for patients who cannot signal for help, who require an interpreter for their language made of only facial movements, or who aspirate frequently on saliva and require specialized training to have their airway cleared. So essentially the patient should have 24/7 accompaniment from a personal (non-hospital staff) caregiver.
From an ADA expert re: recent hospital ADA violations we were made aware of:
Americans with disabilities are protected by laws like the ADA and Section 504 of the Rehabilitation Act. These laws state that all public services have to give equal access to people with disabilities, even if the public service entity needs to make a change in their regular policies. These changes are called reasonable accommodations. A recent ruling (2020 press release) confirms that having a person with you in a healthcare setting is a reasonable accommodation, so hospitals should allow it, even during the COVID-19 crisis.
If someone needs a familiar support person with them in order to communicate, take care of personal needs, make decisions, or avoid anxiety that could interfere with care, the hospital must allow it.
Hospitals must:
- Allow a support person to stay with someone who has a disability
- Give the supporter a face mask and other needed protective equipment, if necessary
- Allow a second person to switch off to give the supporter a break
A hospital is in violation of Federal ADA law if they deny access for someone with any of the disabilities that ALS is responsible for.
Farmstrong 