C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 84— NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE › Subpart F—Health, Welfare, and Social Services

45 C.F.R. § 84.52

Health, welfare, and other social services

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(a) General. In providing health, welfare, or other social services or benefits, a recipient may not, on the basis of handicap:

(1) Deny a qualified person with a disability these benefits or services;

(2) Afford a qualified person with a disability an opportunity to receive benefits or services that is not equal to that offered persons without disabilities;

(3) Provide a qualified person with a disability with benefits or services that are not as effective (as defined in § 84.4(b)) as the benefits or services provided to others;

(4) Provide benefits or services in a manner that limits or has the effect of limiting the participation of qualified persons with disabilities; or

(5) Provide different or separate benefits or services to persons with disabilities except where necessary to provide qualified persons with disabilities with benefits and services that are as effective as those provided to others.

(b) Notice. A recipient that provides notice concerning benefits or services or written material concerning waivers of rights or consent to treatment shall take such steps as are necessary to ensure that qualified persons with disabilities, including those with impaired sensory or speaking skills, are not denied effective notice because of their disability.

[42 FR 22677, May 4, 1977, as amended at 89 FR 40187, May 9, 2024]
Notes of Decisions
Cited in 49 cases (11 in the last 5 years), 1978–2025 · leading case: Susan Liese v. Indian River County Hospital District
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Susan Liese v. Indian River County Hospital District (2012) ca11 · cites it 5× “” 45 C.F.R. § 84.52 (c). Second, “[a] recipient .”
Loeffler v. Staten Island University Hospital (2009) ca2 · cites it 4× “" 45 C.F.R. § 84.52 (c). Additionally, a recipient hospital with fifteen or more employees is required to "provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an equal opportunity to benefit from…”
Biondo v. Kaleida Health (2019) ca2 · cites it 4× “" 45 C.F.R. § 84.52 (c). Second, "[a] recipient .”
Davis v. Flexman (1999) ohsd · cites it 12× “Specifically, 45 C.F.R. § 84.52 (d) states: “(d) Auxiliary aids.”
Cheylla Silva v. Baptist Health South Florida, Inc. (2017) ca11 · cites it 2× “303 (c)(1); 45 C.F.R. § 84.52 (d)(1). Plaintiffs separately visited Defendants’ facilities numerous times.”
Alexander v. Choate (1985) scotus · cites it 2× “” 45 CFR §84.52 (a)(3)(1984). The regulations also prohibit a recipient of federal funding from adopting “criteria or methods of administration that *305 have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the recipient’s…”
Francois v. Our Lady of the Lake Hosp (2021) ca5 · cites it 3× “RA, 45 C.F.R. § 84.52 (d)(1); ACA, 45 C.F.R. § 92.”
United States v. University Hospital, State University of New York at Stony Brook, Parents of Baby Jane Doe, Intervenors (1984) ca2 · cites it 2× “The applicable provision, the proposed version of 45 C.F.R. § 84.52 , emphasized the “[ajvailability of services ” to handicapped persons and required that services be made “accessible” through use of methods such as “making house calls, referring patients, arranging to meet…”
Nordwall v. PHC-LAS Cruces, Inc. (2013) nmd · cites it 7× “Nordwall argues that 45 C.F.R. § 84.52 (d) defines Memorial Medical’s Rehabilitation Act obligations, providing that certain healthcare providers who receive federal funding “shall provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills…”
Juech v. Children's Hosp. & Health Sys., Inc. (2018) wied · cites it 2× “" 45 C.F.R. § 84.52 (c). This includes an obligation to provide necessary auxiliary aids, which may include an interpreter.”
Ervine v. Desert View Regional Medical Center Holdings, LLC (2014) ca9 “” 45 C.F.R. § 84.52 (d). “[A]uxiliary aids may include brailled and taped material, interpreters, and other aids for persons with *869 impaired hearing or vision.”
Proctor v. Prince George's Hospital Center (1998) mdd · cites it 2× “45 C.F.R. § 84.52 (a)(2)-(4). As a recipient of federal funds that employs fifteen or more people, PGHC must also “provide appropriate auxiliary aids to persons with impaired sensory, manual, or speaking skills, where necessary to afford such persons an equal opportunity to…”
Show all 49 citing cases →
— 45 C.F.R. § 84.52(a) — 1 case
Nordwall v. PHC-LAS Cruces, Inc. (2013) nmd “Nordwall argues that 45 C.F.R. § 84.52 (d) defines Memorial Medical’s Rehabilitation Act obligations, providing that certain healthcare providers who receive federal funding “shall provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills…”
— 45 C.F.R. § 84.52(d) — 1 case
Nordwall v. PHC-LAS Cruces, Inc. (2013) nmd “Nordwall argues that 45 C.F.R. § 84.52 (d) defines Memorial Medical’s Rehabilitation Act obligations, providing that certain healthcare providers who receive federal funding “shall provide appropriate auxiliary aids to persons with impaired sensory, manual or speaking skills…”
— 45 C.F.R. § 84.52(d)(1) — 1 case
Cheylla Silva v. Baptist Health South Florida, Inc. (2017) ca11 “303 (c)(1); 45 C.F.R. § 84.52 (d)(1). Plaintiffs separately visited Defendants’ facilities numerous times.”
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