Get the Facility Staff to Speak With You
HOW TO
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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 is 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.
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“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].
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Subject: Follow-Up Regarding [Patient Name] – Request for Discussion
Dear [Facility Contact/Administrator],
I am writing to follow up on my recent call regarding [Patient Name]’s referral and the facility’s decision not to move forward with their admission. I understand that your team may have concerns about the patient’s bleeding disorder, and I would appreciate the opportunity to provide information and answer any questions that could help address those concerns.
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 rule—“Discrimination on the Basis of Disability in Health and Human Service Programs or Activities”—clarifies that any medical provider, including behavioral health facilities that receive federal funding, must conduct an individualized inquiry to determine whether the facility can meet the needs of a person with a disability. Facilities 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 disorder treatment programs, are required to follow this rule.
As [Patient Name]’s bleeding disorder treatment provider, I would be happy to speak with you or your clinical team about the condition and how it is managed. With a better understanding of bleeding disorders and the straightforward care they require in stable patients, I’m confident your team will feel more comfortable admitting [Patient Name].
Thank you for your time and consideration. I’ve attached the Section 504 rule summary for your reference and would welcome the chance to schedule a brief call at your convenience.
Warm regards,
[Your Full Name, Credentials]
[Your Title/Role]
[Institution or HTC Name]
[Phone Number]
[Email Address]Attachment: Section 504 – Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.