Healthcare-Submitting Complaints

ADA and Disability Rights

Even when HIPAA requirements are met, healthcare providers have additional legal responsibilities under:

  • Americans with Disabilities Act (ADA)
  • Section 504 of the Rehabilitation Act
  • Section 1557 of the Affordable Care Act

These laws require providers to ensure full and equal access to healthcare for people with disabilities, including those with hearing loss.

Who Is Covered by HIPAA?

HIPAA applies only to Covered Entities, which include:

  • Health plans (insurance companies, Medicare, Medicaid, etc.)
  • Health care clearinghouses
  • Health care providers (such as doctors, hospitals, clinics, dentists, psychologists, nursing homes, pharmacies, office staff) who transmit health information electronically for federally regulated transactions

Information created by Covered Entities about patients is considered Protected Health Information (PHI), which includes information about a person’s past, present, or future physical or mental health, the provision of healthcare, or payment for healthcare. PHI includes information in any form – electronic, paper, or even conversations must be protected to ensure patient privacy.

Patients are not Covered Entities. Therefore, when patients use their own devices and apps, HIPAA does not apply to their personal use of their tools.

Avenues for Patients to Submit Discrimination Complaints

If communication accessibility needs are not met, patients may file a complaint through the following channels:

  1. With the healthcare provider: Submit a complaint with the provider’s Patient Rights office, Patient Care Services office, or submit a complaint to the facility or organization. If unsure where to submit, check the provider’s Notice of Non-Discrimination, which must include contact information. This notice is often posted in a public area and should also be available on the provider’s website – but you may have to search for it.
  2. With the Joint Commission: If the healthcare organization is accredited by the Joint Commission (hospitals, home health, behavioral health, ambulatory care, nursing centers, critical access hospitals, rural health clinics, telehealth, etc.), you may report a patient safety concern or discrimination complaint here: Report to Joint Commission.
  3. With your state Department of Health Services or state agency that regulates healthcare providers. Each state typically has a process for submitting complaints related to patient care and discrimination.
  4. With your State Civil Rights Department for disability discrimination complaints. This will vary from state to state as different departments or agencies handle these types of complaints. Contact information for each state
  5. With the U.S. Department of Justice – Civil Rights Division: For ADA-related complaints, you can submit online here: Submit an ADA Complaint.
  6. With the U.S. Department of Health and Human Services, Office for Civil Rights (OCR): You can submit a civil rights complaint electronically through the OCR Complaint Portal ory mail or phone at:

U.S. Department of Health and Human Services
200 Independence Avenue, S.W., Room 509F
HHH Building
Washington, D.C. 20201
Phone: 800-368-1019
TDD: 800-537-7697