What can I do about healthcare discrimination?

What is healthcare discrimination?

Sometimes doctors, hospitals, or other healthcare workers treat people unfairly because of who they are. This is called healthcare discrimination. It can happen when someone treats you differently because of your:

• Race or skin color
• Where you or your family comes from
• Age
• Disability
• Sex (including if you're pregnant)
• Sexual orientation
• Gender identity
• Other personal things about you

For example, a doctor refuses to help you, or gives you worse care, because of your gender. Or a hospital treats you differently because of your skin color or a disability.

 

Laws that protect you

State and federal laws protect you from unfair treatment in healthcare. Federal laws are for the whole United States. A New York state law is just for New York.

The Affordable Care Act is a big federal law from 2010. It says that healthcare places that get money from the government can't treat you unfairly because of who you are. This includes most:

• Hospitals
• Doctor's offices
• Nursing homes
• Foster care homes
• Drug treatment centers
• Health insurance plans

This protection works both in person and for online doctor visits (telehealth).

In New York State, the Human Rights Law protects you. This law says public places (like hospitals and clinics) can't treat you unfairly because of your:

• Race
• Religion
• Color
• Where you're from
• If you're an immigrant
• Sexual orientation
• Gender identity
• If you're in the military
• Sex
• Disability
• If you're married
• If you've experienced domestic violence

 

What to do if you face discrimination

If someone treats you unfairly in healthcare, here's what to do:

1. Write down everything that happened
   • The date it happened
   • Names of people who saw it happen
   • What exactly happened
   • If your medical records will help show what happened, ask for a copy
2. File a complaint (a formal report about the unfair treatment)

 

How to file a complaint

You can report the unfair treatment to different government offices:

1. Federal Government: Send a complaint to the U.S. Department of Health and Human Services Office of Civil Rights (OCR). You can fill out the complaint form online. You have 180 days to make the complaint.
2. New York State: You can file a complaint with:
   • The New York State Division of Human Rights
   • The New York State Department of Health

There are deadlines to file complaints, so it's important to act quickly.

 

Your legal rights

If you can, talk to a lawyer about what happened. A lawyer can tell you:

• Your rights
• If you can sue
• Where to file complaints
• Deadlines to file complaints

If you can't afford a lawyer, try for free legal help or help at a lower cost. These are called "legal aid" services. You can find free legal help with LawHelp.