Although facilities are not obligated to accept all people with disabilities (a bleeding disorder is considered a disability under federal regulations), facilities that accept federal funds are obligated to conduct an individualized assessment under federal regulations (Section 504 of the Rehabilitation Act of 1973) to determine if they can accept an individual with a disability. If they have denied access on the basis of the person’s bleeding disorder, they should at a minimum speak with the individual’s provider team as part of the person’s individualized assessment.

“As you may know, In May 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), finalized a new rule under Section 504 of the Rehabilitation Act of 1973. The new rule, entitled “Discrimination on the Basis of Disability in Health and Human Service Programs or Activities,” clarifies that medical providers (including behavioral health facilities) that accept federal funding must conduct an individualized inquiry to determine whether the facility can meet the needs of a person with a disability, in this case, a person with a bleeding disorder. They cannot deny access based solely on the presence of a diagnosis, such as a bleeding disorder.”

“All medical providers that receive federal financial assistance, including mental health and substance use treatment providers, must follow this new rule”.

“As [insert patient’s name]’s bleeding disorder treatment provider, I would be happy to talk with you about [insert patient’s name]’s bleeding disorder. With a better understanding of the condition and how easily it is managed, I am certain that you will feel more confident admitting [insert patient’s name].

Send the following to the facility:

• Request for Discussion Follow-up: Personalize this email template to follow up on the denial and provide regulatory information.

• Link to regulations: Section 504 – Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.