# 71

III-4.4200
III-4.5000
III-5.3000 May 20, 1993

202-PL-00052

Mark Berg, M.D.

Medical Director
NorthWorks Program
North Memorial Medical Center
3300 North Oakdale
Robbinsdale, Minnesota 55422

Dear Dr. Berg:

I am responding to your letter asking for clarification of

the requirements of title III of the Americans with Disabilities
Act (ADA), 42 U.S.C. 12101 et seq., and this Department's
regulation implementing title III, 28 C.F.R. pt. 36. You have
asked whether the ADA requires the North Memorial Medical Center
to make its mobile health care screening vans accessible to
people with disabilities, and, if it does not, what alternative
arrangements to provide equivalent services for people with
disabilities would be acceptable.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities that have rights
or responsibilities under the Act. This letter provides informal
guidance to assist you in understanding the ADA and the
Department's regulation. However, this technical assistance does
not constitute a determination by the Department of Justice of
your rights or responsibilities under the ADA, and it is not
binding on the Department.

A medical center is a place of public accommodation subject

to title III of the ADA. As such, it is required to make its
services accessible to people with disabilities in accordance
with the full range of title III requirements, such as
nondiscriminatory eligibility criteria; reasonable modifications
in policies, practices, and procedures; provision of auxiliary
aids; and removal of barriers in existing facilities. In
addition, it is required to comply with the new construction and
alteration requirements for buildings and facilities established
by this Department's regulation implementing title III.

Although mobile health care screening vans are "facilities"

subject to title III, the Department's current regulation does
not establish standards for the design and construction of such
facilities. Therefore, the medical center is not currently
required to purchase health care screening vans that meet
specific design criteria. The medical center, however, is
required to remove architectural, communication, and
transportation barriers in its vans to the extent that it is
readily achievable to do so.

If it is not readily achievable to make the health screening

vans accessible, then you must consider any alternative method of
providing access to the health screening van's services that is
readily achievable. Such services should be made available to
individuals with disabilities at the same cost as the services
provided at the van site.

While we cannot tell you which alternative methods of

providing access would be readily achievable for you, options
that you may wish to consider include:

providing comparable services at an accessible site at

your medical facility, "bundled" in a way that would
enable an individual with a disability to obtain the
same range of services with a comparable degree of
convenience as the services that are provided by the
van;

using the mobile health screening van to deliver the

services to persons with disabilities in their own
homes; or
transporting people with disabilities from their homes
or the van site to an accessible facility where they
can receive the services that are being provided by the
van.

For your information, I am enclosing a copy of the

regulation implementing title III of the ADA and the Department's
Title III Technical Assistance Manual, which was developed to
assist individuals and entities subject to the ADA to understand
the requirements of title III. I hope that this information is
helpful to you.

Sincerely,

John L. Wodatch
Chief
Public Access Section

Enclosures