preter, Ms. Soto implores physicians to use outside, independent professionals when possible.
17th Annual Mayo Clinic Endocrine Update
“Physicians have no way of knowing what the patient’s relationship is like with the family member. It’s best to have an unbiased interpreter who has no per- sonal involvement with the patient,” Ms. Soto said.
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The TMA Knowledge Center has a list of hearing-impaired interpreter services available throughout Texas. To request a copy of the list, contact the Knowledge Center at (800) 880-7955 or knowl
edge@texmed.org. Physicians are responsible for choos- ing the appropriate accommodation for hearing-impaired patients. The DOJ technical assistance manual provides this illustration: “A patient who is deaf brings his own sign language interpreter for an office visit without prior consulta- tion and bills the physician for the cost of the interpreter. The physician is not obligated to comply with the unilateral determination by the patient that an interpreter is necessary. The physician must be given an opportunity to consult with the patient and make an indepen- dent assessment of what type of auxil- iary aid, if any, is necessary to ensure effective communication.”
The manual adds that if the patient believes “the physician’s decision will not lead to effective communication, then the patient may challenge that deci- sion under title III by initiating litigation or filing a complaint with the Depart- ment of Justice.”
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| 52 TEXAS MEDICINE November 2013 (855) 679-0033 Clipboard Patient Check In iEHR
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If the DOJ sues a physician in U.S. district court and the physician is found guilty, the court may assess civil penal- ties or award monetary damages to the victims of discrimination. For specific information about penalties for ADA violations, consult the ADA Title III Tech- nical Assistance Manual,
http://1.usa .gov/1fWHQXM. The Pacer Center has a Q&A docu- ment online,
www.pacer.org/publica tions/adaqa/
health.asp, with additional information about physicians’ legal re- sponsibilities under ADA. The Pacer Cen- ter is a Minnesota-based training and in- formation center for families of children with all disabilities.
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