C.F.R. » Title 45 » SUBCHAPTER A—GENERAL ADMINISTRATION › PART 92—NONDISCRIMINATION IN HEALTH PROGRAMS OR ACTIVITIES › Subpart C—Specific Applications to Health Programs and Activities

45 C.F.R. § 92.202

Effective communication for individuals with disabilities

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(a) A covered entity must take appropriate steps to ensure that communications with individuals with disabilities (including companions with disabilities), are as effective as communications with non-disabled individuals in its health programs and activities, in accordance with the standards found at 28 CFR 35.130 and 35.160 through 35.164. Where the regulatory provisions referenced in this section use the term “public entity,” the term “covered entity” shall apply in its place.

(b) A covered entity must provide appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, the health program or activity in question. Such auxiliary aids and services must be provided free of charge, in accessible formats, in a timely manner, and in such a way to protect the privacy and the independence of the individual with a disability.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2019–2022 · leading case: Vega-Ruiz v. Northwell Health, 992 F.3d 61 (2d Cir. 2021).
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Vega-Ruiz v. Northwell Health, 992 F.3d 61 (2d Cir. 2021). “37160 -01 (2020); compare 45 C.F.R. § 92.202 (2016 Rule) with 45 C.”
Bax v. Doctors Med. Ctr. of Modesto (E.D. Cal. 2021). · cites it 3× “28 ///// 60 Case 1:17-cv-01348-DAD-SAB Document 74 Filed 08/24/21 Page 61 of 71 1 45 C.F.R. § 92.202 (effective July 18, 2016 to August 17, 2020).”
Bustos v. Dignity Health (D. Ariz. 2019). “303 (c)(1); 13 45 C.F.R. § 92.202 (a); see Robles v. Domino’s Pizza, LLC, 913 F.”
Landino v. McLaren Health Care Corp. (E.D. Mich. 2022). “102 was previously designated as 45 C.F.R. § 92.202 until August 18, 2020.”
Bone v. Univ. of North Carolina Health Care Sys. (M.D.N.C. 2019). “” 45 C.F.R. § 92.202 . In turn, the cross-referenced regulations state that “[a] public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities .”
Basta v. Novant Health, Inc. (W.D.N.C. 2019). “45 CFR § 92.202 (“A covered entity shall take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with others in health programs and activities, in accordance with the standards found at 28 CFR 35.”
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