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Section 140 - Guidelines Applying to Nondiscrimination on the Basis of Disability

146.00 Health, Welfare, and Other Social Services and Benefits
(Revised August 15, 1994)

Health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. Subject to the foregoing, in providing health, welfare, or other social services or benefits, the University's hospitals, medical clinics, or other health-related programs may not, on the basis of disability:

1. Deny a qualified individual with a disability such benefits or services;
2. Afford a qualified individual with a disability an opportunity to receive benefits or services that are not equal to those offered to individuals who do not have a disability;
3. Provide a qualified individual with a disability with benefits or services that are not as effective as those provided to others (see Section 142.00 of these Guidelines );
4. Provide benefits or services that limit or have the effect of limiting participation of qualified individuals with disabilities; or
5. Provide different or separate benefits and services to individuals with disabilities, except when necessary to provide qualified individuals with disabilities with benefits and services as effective as those provided to others.

This Section does not require specialized hospitals and other health care providers to treat all individuals with disabilities. For example, a burn treatment center need not provide other types of medical treatment to individuals with disabilities unless it provides such medical services to individuals who do not have a disability. It could not, however, refuse to treat the burns of a person who is deaf because of his or her deafness.

Special programs, services, or activities for individuals with disabilities or classes of individuals with disabilities are permitted.

146.10 Notice

Any notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall ensure that qualified individuals with disabilities, including those with impaired sensory or speaking skills, are not denied effective notice because of their disability.

146.20 Emergency Treatment for Hearing-Impaired Persons

A procedure shall be established for effective communication with persons who are deaf or hard of hearing for the purpose of providing emergency health care. For example, a hospital may fulfill this responsibility by providing either full-time interpreters or interpreters on call, both within and outside the institution, and paper and pencils for written communications.

146.30 Auxiliary Support Services and Devices

Appropriate auxiliary support services and devices shall be provided to individuals with disabilities, when necessary, to afford them an equal opportunity to benefit from services offered by University hospitals, medical clinics, or health-related programs. Auxiliary support services and devices may include, for example, brailled and taped material, and interpreters. In providing any type of auxiliary support services and devices, the University may require that individuals comply with campus rules regulating requests for and proper use of auxiliary support services and devices.

146.40 Drug and Alcohol Addiction

University hospitals, medical clinics, or health-related programs may not discriminate in admission or treatment against a person with a medical condition, because of the person's drug or alcohol abuse or alcoholism, although University health care providers have the responsibility and authority to determine the nature and extent of medically necessary care and treatment for their patients. This does not require that all facilities must treat drug addiction and alcoholism. For example, a cancer clinic may not refuse to treat a cancer patient because he or she is also an alcoholic. If the patient's primary problem is drug addiction or alcoholism, the clinic may refer him or her to a more appropriate facility.

146.50 Education of Persons Admitted to University Medical Facilities

Campuses should ensure that qualified individuals with disabilities, present in University medical facilities as a result of their disability and who qualify for public preschool, elementary, secondary, or adult educational services, are provided with access to these educational services for the period of their stay. For example, a campus hospital that admits an individual with a disability who qualifies for a free public elementary school education should ensure that appropriate elementary school officials are notified of the individual's presence and should provide access to these school officials, as medically appropriate, so that they may provide an "appropriate education" as defined in Subpart D of the Federal regulations implementing Section 504 of the Rehabilitation Act of 1973 (34 CFR Part 104).

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