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Civil Liberties Union
People with disabilities face widespread discrimination, segregation, and exclusion. But federal disability rights laws, as well as New York State and local human rights laws, can provide protection. Under the Americans with Disabilities Act, New York State Human Rights Law, and local human rights laws, including the New York City Human Rights Law, you cannot be discriminated against just because you have a disability, someone in your family has a disability, or because someone thinks you have a disability. People with physical and mental conditions have legal rights and are covered by disability laws when seeking medical care.
This KYR is not a replacement for legal advice.
If you believe your rights have been violated, you can file a written complaint at your doctor’s office or at the hospital or medical facility. Hospitals and medical facilities often have a patient advocate or
ombudsman who receives complaints. Their contact information can be found by looking on the facility’s website or calling the facility and asking how to file a complaint.
You can also file a complaint with Disability Rights New York by calling (518) 432-7861 or (800) 993-8982, filling out an intake form online at www.drny.org, or emailing intake@drny.org. DRNY is the New York State disability rights not-for-profit agency mandated by federal law to protect and advocate for individuals with disabilities.
Finally, you may file a complaint at one or more of the agencies below, depending on where and how you faced discrimination. Each agency below enforces a different law or policy, so you can file with multiple agencies. If you are considering a lawsuit, consult with an attorney before filing a complaint.
NYC Commission on Human Rights
New York City’s Human Rights Law prohibits discrimination in public accommodations on the basis of disability.
311 or (718) 722-3131
New York State Division on Human Rights
New York State’s Human Rights Law protects people with disabilities in public accommodations.
1-888-392-3644
New York State Attorney General
The Attorney General’s office investigates unlawful discrimination that reflects a policy or practice of discrimination.
1-800-771-7755
https://ag.ny.gov/civil-rights/complaint-forms
New York State Department of Health
The Department of Health investigates misconduct by hospitals and diagnostic and treatment centers.
1-800-804-5447
https://apps.health.ny.gov/surveyd8/facility-complaint-form
New York State Department of Health – Office of Professional Medical Conduct
The Department of Health’s Office of Professional Medical Conduct investigates misconduct by physicians, physician assistants, and specialist assistants.
1-800-663-6114
https://www.health.ny.gov/professionals/doctors/conduct/file_a_complaint.htm
New York State Education Department – Office of the Professions
The State Education Department’s Office of the Professions investigates misconduct by dentists, nurses, midwives, mental health professionals, social workers, massage therapists, chiropractors, acupuncturists, pharmacists, and other medical professionals.
1-800-442-8106
http://www.op.nysed.gov/opd/complain.htm
Joint Commission
The Joint Commission is an independent body that accredits hospitals and has a policy of nondiscrimination that includes disability status.
1-800-994-6610
https://www.jointcommission.org/resources/patient-safety-topics/report-apatient-safety-event/
New York State Office of Mental Health (OMH)
OMH oversees mental health facilities.
1-800-597-8481
https://omh.ny.gov/omhweb/email/compose_mail.php?tid=DQM
Office of Alcoholism and Substance Abuse Services (OASAS)
OASAS oversees substance abuse treatment facilities.
1-800-553-5790
patientadvocacy@oasas.ny.gov
Justice Center for the Protection of People with Special Needs
The Justice Center has jurisdiction over abuse – including verbal abuse – in substance use treatment facilities, mental health facilities, Office of Children and Family Services programs, Office for People With Developmental Disabilities programs, and adult care facilities.
1-855-373-2122
Federal Department of Health and Human Services’ Office of Civil Rights (HHS OCR)
The Affordable Care Act prohibits disability discrimination by most medical providers and facilities, including nursing homes, board and care homes, and assisted living facilities.
https://www.hhs.gov/civil-rights/filing-acomplaint/complaint-process/index.html
Department of Health and Human Services’ Office for Civil Rights
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule protects individual medical records and personal health information.
https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf
U.S. Department of Justice
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities.
https://www.ada.gov/filing_complaint.htm