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in the spotlightWhat's to Prevent Doctors and Dentists from Not Providing Equal Access to Health Care for Mentally Disabled Patients?By April Banerjee, PWDF Program Manager for Public Awareness and EducationIn PWDF's most recent seminar "Overcoming Barriers to Physical Health Care Access – People with Mental Disabilities Have Shorter Life Spans" (see Education Update below), participants revealed stories in which patients with psychiatric and/or developmental disabilities were victims of disparity in health care by medical and dental professionals. PWDF subsequently conducted extensive research and consulted with experts to determine whether professional organizations or government agencies had any policies, procedures, and/or best practices in place to prevent this type of occurrence. Our research found that neither the American Medical Association (AMA) nor the American Dental Association has rules that specifically prohibit this kind of discrimination other than the AMA's very general principle that "A physician shall support access to medical care for all people." [1] We also found that, at least until 2007, neither the U.S. Department of Justice nor the U.S. Department of Health and Human Services' Office for Civil Rights had any guidance to prevent health care providers from screening out persons with mental disabilities.[2] PWDF has launched an initiative to try to get an anti-discrimination protocol in place and implemented.1 American Medical Association, Principles of Medical Ethics, Principle IX (last visited Nov. 15, 2013). 2 Sara Rosenbaum, The Americans with Disabilities Act in a Health Care Context, in THE FUTURE OF DISABILITY IN AMERICA app. D. (Institute of Medicine (US) Committee on Disability in America; Field MJ, Jette AM, eds., 2007) available at http://www.ncbi.nlm.nih.gov/books/NBK11429/ (last visited Nov. 15, 2013) ("The fact that physical and hearing access should dominate the U.S. Department of Justice complaint process is not surprising and should not be taken as a sign that perhaps more subtle forms of discrimination aimed at avoiding certain patients does not exist. Overt physical and communication barriers are the most visible forms of discrimination, as are architectural barriers and the failure to promote the accessibility of services through the use of specialized equipment. However, health care entities can engage in other, more subtle forms of discrimination, such as the refusal to serve "disruptive" patients or members of Medicaid managed care plans." (citing Sara Rosenbaum, Peter Shin, Marcie Zakheim, et al., Negotiating the New Health System: A Nationwide Study of Medicaid Managed Behavioral Health Care Contracts, Vols. 1-2 (Washington, DC: Center for Health Policy Research, The George Washington University Medical Center (1997)) "Neither the U.S. Department of Justice nor the Office for Civil Rights at the U.S. Department of Health and Human Services maintains written interpretive guidelines related to services to qualified persons with mental disabilities by public facilities or places of public accommodation.") (emphasis added). PWDF ProfileWho We ArePeople With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled. ServicesAdvocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees. Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos. Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification. |
Volume 16
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Our Mission is to provide education and advocacy for people with psychiatric and/or developmental disabilities, with or without physical disabilities, so that they can achieve equal opportunities in all aspects of life. | |
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