# 7


III-1.2000
                                                  April 29, 1992









The Honorable Trent Lott
United States Senate
487 Russell Senate Office Building 
Washington, D.C. 20510-2403

Dear Senator Lott:

     This is in response to your recent letter on behalf of your
constituent, Carter Bise.  Mr. Bise has asked about the
application of title III of the Americans with Disabilities Act
of 1990 (ADA) to the operation of the professional office of a
health care provider.

     The ADA authorizes the Department to provide technical
assistance to individuals and entities that have rights or
responsibilities under the Act.  This letter provides informal
guidance to assist Mr. Bise in understanding the ADA and the
Department's regulation.  However, this technical assistance does
not constitute a determination by the Department of Justice of
the rights or responsibilities of the physicians represented by
Mr. Bise under the ADA, and it is not binding on the Department
of Justice.

     The professional office of a health care provider is a place
of public accommodation subject to title III of the ADA.  Title
III applies to any private entity that owns, operates, leases, or
leases to a place of public accommodation.  Coverage under title
III is not determined by the size of a business or the number of
people it employs.  However, except for litigation initiated to
enforce the new construction or alterations requirements of title
III, no civil action alleging discrimination on the basis of
disability can be brought against businesses with 25 or fewer
employees and gross receipts of $1,000,000 or less before July
26, 1992; or against businesses with 10 or fewer employees and
gross receipts of $500,000 or less before January 26, 1993.

     It appears that the office described by Mr. Bise is a
"commercial facility," but not a "place of public accommodation"
because it is a separate facility only for employees where
patients do not receive any treatment or services.  Under title
III, new construction of (or alterations to) commercial
facilities must comply with the ADA accessibility standards, but
barrier removal in existing facilities is not required.  

     However, any operations at the office, such as billing
practices, fee policies, or scheduling of appointments, that
affect the delivery of services by the physicians in their
hospital practice would be subject to title III.  Moreover, if
patients do, in fact, receive treatment or services of any kind
at the office, the office would be a place of public
accommodation subject to the full range of title III
requirements.

     This Department recently issued a technical assistance
manual to assist individuals and entities subject to the ADA to
understand the requirements of title III.  I have enclosed a copy
for your information.

     I hope that this information is helpful to you in responding
to Mr. Bise.

                                   Sincerely, 




                                 John R. Dunne
                           Assistant Attorney General
                             Civil Rights Division

Enclosure