Q: Is it discrimination if I am disabled and a general practice has continued to refuse me service?
I have been trying to go to see this psychiatrist/therapist office because my primary care doctor referred me to them for over two years, yet they will continuously say they have never heard of my doctor (despite being in the same network) and will tell me they have no room for new clients. After being contacted by my doctor numerous more times I finally am able to get into see one of their psychiatrists, but a few months later he retires. I was never informed of this and was only told when I tried to schedule another appointment. I am told that they WILL schedule me with his replacement and I will hear back from them, only to get a letter two months later saying that they no longer have any providers and I need to go somewhere else. Yet when my doctor contacts them again, they say it was all a misunderstanding in scheduling and they will get me another provider (despite telling me they never knew who my doctor was).
Could all this be because I’m disabled and have Medicare/Medicaid?
A:
It’s understandable that you're feeling frustrated with how this office has handled your care. When a medical practice continually refuses service or makes access to care difficult, it raises valid concerns. Discrimination against individuals with disabilities, including those on Medicare or Medicaid, is illegal under federal laws such as the Americans with Disabilities Act (ADA). If you believe this situation is based on your disability or insurance status, it may be helpful to document these interactions in detail.
It could be possible that the office is overwhelmed or has issues with administrative processes. However, the inconsistent communication, failure to follow through, and delays over such an extended period are concerning. It may not be directly related to your disability or insurance, but it's worth investigating further to ensure your rights are being respected.
You can also explore filing a formal complaint with relevant agencies, such as your state’s medical board or the Department of Health and Human Services. Seeking guidance from an advocate, like a legal professional who focuses on healthcare or disability rights, might also provide additional support to help you navigate this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.