The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. ("ADA" or "Act"), is one of several important federal laws defining whether and to what extent telehealth professionals might be required to modify their business practices to ensure that they are accessible to individuals with disabilities. The Act generally prohibits public entities and private businesses from discriminating on the basis of disability, and from excluding disabled individuals from using and enjoying the goods, services, facilities, programs, and activities they provide. 42 U.S.C. § 12133; 28 C.F.R. § 35.172.
On October 17, 2016, the United States Department of Justice ("DOJ") announced that it had entered into a comprehensive consent decree resolving claims that Miami University in Oxford, Ohio ("Miami University" or "University") violated Title II of the ADA by maintaining inaccessible websites and by using other inaccessible classroom technologies. This announcement follows on the heels of DOJ's findings and conclusions that the University of California at Berkeley violated Title II of the ADA by failing to make online audio and video content accessible to individuals who are deaf or hard of hearing. In the paragraphs that follow, we briefly summarize the basic terms of the Miami University Consent Decree and outline what it may mean to digital health providers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
