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ADA: Exemptions: Health care providers (religious institution)

Introduction

Introduction: ADA Exemption: Health Care Provider

While Title III of the ADA generally covers all businesses and nonprofit organizations, it does contain an exemption for religious entities.

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Health Care Providers Exempt From the ADA

Under the Title III regulations from the Department of Justice, a religious entity is "a religious organization or an entity controlled by a religious organization, including a place of worship." Some health care organizations may fall under this exemption to the ADA. When that is the case, those entities are not required to meet the obligations of Title III of the ADA. That being said however, it does not mean that such an organization has no obligations to nondiscrimination based on disability.

If the given health care provider has sufficient number of employees to be subject to Title I of the ADA, then it still must comply with the provisions related to Title I. Furthermore, if the religious health care provider is a recipient of federal financial assistance such as Medicare/Medicaid, then it is covered by Section 504 of the Rehabilitation Act and its implementing regulations. Finally, local state nondiscrimination laws may apply without regard to religious institutions. These must be considered individually to determine their applicability.

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