When advocating for accessible prescription labels for yourself or a
loved one, there are many avenues you can take. Start with the smallest,
least centralized authority and work your way up.
Often
a pharmacy may simply not realize there is a problem or know of a good
solution. Be prepared to offer several possible solutions. They are not
obligated to use your favorite solution, but often times, telling them
what you would prefer and why, is helpful.
Pharmacy/Store Manager: Talk to your pharmacist, pharmacy manager and/or store owner. Explain what the problem is and what accommodation you would like.
Corporate Compliance Officer:
If a store/pharmacy does not provide accommodations then the next step
is to contact the corporate compliance officer. If it is an independent
pharmacy with less than 15 employees or a
pharmacy that does not participate in Medicare or Medicaid, they may not
be required to have a compliance officer.
Section 1557 of the Affordable Care Act requires all covered entities to post a notice of
consumer civil rights; covered entities with 15 or more employees are
also required to have a civil rights grievance procedure and an employee
designated to coordinate compliance.
Most major
pharmacies will have contact information for this compliance officer on
their website. You should also be able to call the regular customer
service number and ask for the compliance office's contact information.
Here are some examples:
Publix:
https://ww4.publix.com/pharmacy-wellness/pharmacy/healthcare-nondiscrimination
CVS:
https://www.cvs.com/bizcontent/general/CVS_Pharmacy_Nondiscrimination_Policy.pdf
Walgreens:
https://www.walgreens.com/topic/information/access-to-services.jsp
Letter from an advocate or lawyer on your behalf:
If a conversation with the pharmacy representative does not resolve the
issue, sometimes a letter from a Disability Rights lawyer explaining
their legal obligation can help. There are many disability rights
advocates and lawyers who may be willing to write this kind of letter
pro-bono. One of our earliest blog posts gives a sample letter.
Local or State Disability Rights Council:
If your city or state has a disability rights organization or council,
you can talk with them about local advocacy and educating pharmacists in
your area.
Board of Pharmacy: The state board
of pharmacy provides audits of each pharmacy to make sure they are in
compliance with all state regulations. Letters of complaint can be filed
with the Board. Usually the process is detailed on their website.
State Human Rights Commission:
Most states have a Human Rights Commission to investigate
discrimination and provide mediation between parties if you have been
discriminated against because of your
race, color, national origin, disability, age, sex, or religion. Most
have the forms you need available online. Visit https://askjan.org/concerns/State-Human-Rights.cfm
Health and Human Services Office for Civil Rights:
If you believe that you have been discriminated against in
programs or activities that HHS directly operates or to which HHS
provides federal financial assistance (for example Medicaid or
Medicare), you may file a complaint with the Office for Civil Rights.
Visit https://www.hhs.gov/civil-rights/filing-a-complaint/complaint-process/index.html
Department of Justice:
Another route for those who are not covered under the HHS mandate (not
on Medicaid or Medicare) is to file an ADA complaint with the DOJ.
Visit https://www.ada.gov/filing_complaint.htm
State Legislation: You can contact your state legislators and ask them to sponsor an accessible prescription labeling bill in your state.
Congress: Let your Representatives and Senators know how you feel about mandating accessible prescription labeling.
