As a patient with a disability, you have the right to reasonable accommodations from your health care provider, unless doing so would cause an undue burden. Both federal and state laws exist to help people with disabilities access health care services including:
The Americans with Disabilities Act (ADA)
Under the ADA, you have the right to the same quality health care as everyone else, which may include accessible medical equipment. By August 9, 2026, all state or local government health offices that use exam tables or scales must have at least one that is accessible.
Section 1557 of the Affordable Care Act
Under the ACA, any medical provider who receives federal funding(including Medicaid and Medicare) cannot discriminate against you onthe basis of your disability, race, color, national origin, sex, or age.
Section 504 of the Rehabilitation Act (Section 504)
Under Section 504, any medical provider who receives federal funding(including Medicaid and Medicare) cannot discriminate against you on the basis of your disability.
New Hampshire’s ‘Law Against Discrimination’ (RSA 354-A )
NH law protects you from discrimination based on physical or mental disability, along with other characteristics like age, sex, race and more.
You have a right to “reasonable accommodations”
A reasonable accommodation is a change in rules, policies, practices, or services that allows you to access medical services. Reasonable accommodations are practical, effective, and don’t drastically change how your provider operates.
Examples:
- Offering you a sign language interpreter if you are Deaf or hard of hearing.
- Allowing your service animal to accompany you to your appointment.
- Providing you with a roll on scale if you use a wheelchair.
Your provider is not required to make an accommodation when it would impose an undue burden on them. Accommodations that drastically change the purpose of the services they provide, cost them a lot of money, or pose a direct and unavoidable threat to their staff or to you, might be considered an undue burden.
Examples:
- A provider whose office is located on the third floor of an old building might not be required to install an expensive elevator but might be able to see you at a different, accessible location if they have one.
- A provider might not be required to purchase and store a specialized, high-cost X-ray machine designed for patients who cannot transfer from a wheelchair, but they should refer you to a provider who has the equipment you need.
- A provider might not be required to lift or transfer you if they don’t have the proper equipment or enough staff to do so safely.
You have a right to reasonable accommodations to visitor policies
Many providers and facilities have policies that restrict whether a patient can have someone accompany them to an appointment or visit them during a longer-term stay. However, you can request reasonable accommodations to these policies.
Examples:
- You require an interpreter or other support to communicate.
- You require someone to physically or emotionally assist you during appointments.
- You need assistance understanding medical information or managing health care decisions.
- You have a visitor with a service animal. The service animal may go wherever visitors are permitted.
Requesting a reasonable accommodation
Both you and your health care provider should engage in a good faith, interactive process to identify possible accommodations. While you can request accommodations at any time, it is helpful to discuss them when making your appointment so that your provider has time to plan accordingly.
What to do if your provider says ‘No’
- Share our Health Care Providers’ Duty to Accommodate People with Disabilities flyer with your provider—it explains their legal obligation to offer reasonable accommodations. Download it at: https://drcnh.org/know-your-rights/provider-duty-to-accommodate
- Contact your provider’s patient rights/patient advocate office if they have one.
- If your provider ultimately refuses to provide an accommodation, we recommend that you consult with an attorney.
