Healthcare
Healthcare is a particularly important area of life for everyone, especially those affected by blindness. People with disabilities have the right to receive an equal level of service from healthcare providers and facilities without discrimination, just like those without a disability. Discrimination may be intentional or unintentional. It may result from the failure to consider the true needs and capacity of a person, or from negative stereotypes and assumptions about a person’s abilities. It may result from a single individual, or as the result of a system of policies and practices within an organization or government.
My legal rights
Nova Scotia law provides people with sight loss with several important legal rights relating to healthcare:
- You have the right to not be discriminated against because of your disability.
- You have the right to receive accommodations from healthcare providers and services up to the point of undue hardship.
- You have the right to have your personal health information kept confidential and private by all healthcare service providers.
What is “Duty to Accommodate?”
Under the law, healthcare providers must prevent and remove barriers to accessing healthcare services. They must also provide inclusive services where everyone can participate. In human rights terms this is called the “duty to accommodate”. Accommodations may include changes to rules, policies, and the environment to enable you to have an equal level of access to services, programs, opportunities, and benefits as anyone else.
The process for claiming accommodation from a service provider involves three steps:
- Identify the ground of discrimination (i.e., disability)
- Identify the barrier or why the service is not accessible to you
- Identify your individual needs
Wherever possible, it is helpful to put your request for accommodation in writing. Removing the barrier you have encountered in accessing the service may be straightforward or it may require some discussion with the service provider. Some examples of accommodation include:
- A pharmacy formats your prescription in a way that allows you to use text-to-speech technology to read the prescription; or
- A staff member guides you to a procedure room.
In many circumstances, there may be creative solutions that will suit your needs. For example: You request that your pharmacy provide your prescription in a text-to-speech format, however, the pharmacy does not currently have that technology available and you need the prescription today. The pharmacy can accommodate you by spending extra time going over the prescription with you.
What is Undue Hardship?
“Undue hardship” is a legal term. It means that if a healthcare provider can show that it would be very difficult to provide you with a certain type of accommodation, then they don’t have to provide it. When considering if an accommodation would cause undue hardship, several factors are considered:
- The financial cost is more than trivial;
- Health and safety risks associated with the accommodation;
- Maintaining a productive workplace; and,
- Other relevant considerations.
The healthcare provider must prove “undue hardship” to refuse the accommodation you requested.
Where do my legal rights come from?
Your legal rights come from a variety of acts and laws that include:
- Nova Scotia’s Human Rights Act prohibits discrimination based on disability in most areas of public life, including healthcare.
- Nova Scotia’s Blind Persons’ Rights Act prohibits discrimination against a person who is accompanied by a dog guide. This includes denying accommodations to services in healthcare settings. The Service Dog Act also protects against discrimination based on the use of a service dog.
- The Freedom of Information and Protection of Privacy Act and the Nova Scotia Personal Health Information Act set out rules and regulations relating to personal health information.
Other healthcare-related laws that might be relevant to your situation:
- Nova Scotia’s Protection for Persons in Care Act provides a complaint process for allegations of abuse or neglect by or on behalf of hospital patients, and individuals living in long-term care homes and other health facilities.