Prescription Denial Legal Concerns
Summary
Walmarts policy on telehealth prescriptions may not necessarily violate the ADA, but it could be subject to scrutiny. The ADA prohibits discrimination based on disability, but not all inconveniences are considered discriminatory. Factors such as the nature of your disability and whether reasonable accommodations can be made without undue hardship to the business are crucial. Consult a disability rights attorney for tailored advice.Full Conversation
I have been denied the right to fill my prescription from Walmart due to being told it's the law. No controlled substance patients who see a doctor via telehealth cannot get a prescription filled without being seen in person. However my ADHD with other health conditions are exacerbating my ADHD making it nearly impossible to leave the house or function at all. I also was able to have my prescription filled there last and my circumstances were still the same. Yet I didn't run into this problem. I believe my civil rights have been violated
I'm sorry to hear about your situation, Racheal. In Washington state, telemedicine is generally accepted for prescriptions, including controlled substances. However, specific rules may apply:
- Telemedicine must follow standard of care.
- Individual pharmacy policies may vary.
- Discrimination laws apply.
Consider contacting a healthcare lawyer or the Washington State Pharmacy Association for more guidance.
So was there a violation
Based on the information provided, it's difficult to determine if a violation occurred. Factors include the pharmacy's policies and the standard of care. You may want to consult with a healthcare lawyer or the Washington State Pharmacy Association for more specific advice.
How can Walmart put in place a policy that doesn't accommodate someone with a disability. Wouldn't that be a violation under the disability acts
The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. However, not every inconvenience constitutes discrimination. The specifics of your situation would need to be considered:
- The nature of your disability
- Whether reasonable accommodations can be made without undue hardship to the business.
Consult a disability rights attorney for tailored advice.