DJ 202-PL-63
                                                  SEP 11 1992
(b)(6)
XX
Columbus, Ohio XX
Dear Dr. (b)(6)
        This letter is in response to your inquiry about whether
there is any legal obligation to accept a deaf patient as a new
consult referral in a non-emergency situation.

        The Americans with Disabilities Act (ADA) authorizes the
Department of Justice to provide technical assistance to entities
that are subject to the Act. This letter provides informal
guidance to assist you in understanding how the ADA may apply to
a place of public accommodation. This technical assistance,
however, does not constitute a determination by the Department of
Justice of rights or responsibilities under the ADA and it is not
binding on the Department.

        A health care facility, such as a doctor's office, is
covered by the provisions of title III of the ADA and the
Department's title III regulation as a place of public
accommodation (see section 36.104 of the enclosed regulation).
The regulation prohibits public accommodations from excluding
persons with disabilities from participation in the goods,
services, facilities, privileges, advantages, or accommodations
provided by a place of public accommodation (section 36.202(a)).
A public accommodation is also prohibited from imposing or
applying eligibility criteria that screen out individuals with
disabilities from fully and equally enjoying goods and services,
unless the criteria can be shown to be necessary for the
provision of the goods and services being offered (section
36.301(a)).

cc: Records; Chrono; Wodatch; Bowen; Barrett; Friedlander; FOIA
    :udd:barrett:pl.63

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                                - 2 -
        As applied to the situation as you have stated it, the ADA
would require generally that, in deciding whether to accept a
patient with a disability, you must make that decision on the
basis of factors other than the disability. The information you
have provided does not enable us to give more specific guidance.

        I am enclosing a copy of the Department's title III,
Technical Assistance Manual, which may provide further guidance
in understanding the ADA's requirements.


        I hope this information is helpful to you.

                                Sincerely,

                                L. Irene Bowen
                                Deputy Director

Enclosures:
        Title III regulations
        Title III Technical Assistance Manual

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