What to Do If Your Doctor Refuses to Treat You

If a doctor or hospital refused to treat you and you believe it was because of who you are — your race, sex, disability, age, or national origin — federal law gives you the right to file a civil rights complaint. You have 180 days to file with the HHS Office for Civil Rights, and you can also file a complaint with your state medical board. Here is exactly what to do, in order.

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First: Is this an emergency?

If you are in pain, bleeding, having trouble breathing, or any symptom that feels urgent, go to the nearest hospital emergency department right now. Under the Emergency Medical Treatment and Active Labor Act (EMTALA) (42 USC § 1395dd), any hospital with an emergency department that participates in Medicare must:

1. Give you a medical screening examination — the same level of screening they would give anyone with the same symptoms.
2. Stabilize any emergency condition they find, regardless of your insurance, immigration status, or ability to pay.
3. Transfer you to another facility only if they cannot stabilize you and the transfer meets specific requirements.

A hospital that turns you away from the ER without screening you is violating federal law. If this happened, you can file a complaint with CMS (Centers for Medicare and Medicaid Services) through your state's CMS regional office. EMTALA violations can result in fines and loss of Medicare billing privileges.

Do not wait to file a complaint before seeking care. Get treated first. Document what happened second.

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When it is not an emergency: what the law says

A doctor can refuse to take you as a patient for non-discriminatory reasons — they are not accepting new patients, your condition is outside their specialty, or they have a conflict. What they cannot do is refuse because of a protected characteristic.

Section 1557 of the Affordable Care Act (42 USC § 18116) prohibits discrimination in any health program receiving federal financial assistance on the basis of:

• Race, color, or national origin (also covered by Title VI of the Civil Rights Act of 1964)
• Sex, including sexual orientation and gender identity
• Age
• Disability (also covered by the Americans with Disabilities Act)

Because nearly every hospital and most physician practices in the U.S. accept Medicare or Medicaid, Section 1557 applies to most doctors and health facilities you will encounter.

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Step 1: Document what happened

Do this as soon as you can, while the details are fresh. Write down:

• Date, time, and location of the refusal
• Who refused — the doctor's name, the receptionist's name, anyone involved
• What was said — use their exact words if you can. "We don't treat patients like you" is very different from "I'm not accepting new patients"
• Who else was there — witnesses, including other patients in the waiting room
• Your symptoms or condition at the time — what you needed treatment for
• What happened next — did you go elsewhere? Were you treated? Did your condition get worse while you waited?
• Any written communication — save text messages, emails, portal messages, or discharge papers

If the refusal happened in a hospital or clinic, request your medical records — you have a legal right to them under HIPAA (45 CFR § 164.524). They can charge a reasonable fee but must provide records within 30 days.

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Step 2: Get care from another provider

Your health comes first. Do not let a bad experience delay needed treatment. Find another doctor or clinic through:

• Your insurance plan's provider directory
• A community health center (find one at findahealthcenter.hrsa.gov) — these accept patients regardless of insurance and charge on a sliding scale
• A hospital's patient advocate or ombudsman, who can help you navigate a refusal within the same hospital system
• Urgent care or the emergency department if your symptoms are worsening

Keep records of where you went next and any additional costs — if you later file a complaint or lawsuit, this shows the impact of the refusal.

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Step 3: File a civil rights complaint with HHS OCR

The HHS Office for Civil Rights (OCR) investigates complaints of discrimination in health care. You have 180 days from the day you knew the discrimination happened.

How to file:

• Online: ocrportal.hhs.gov — the OCR Complaint Portal. This is the fastest method.
• Email: OCRComplaint@hhs.gov
• Mail: Centralized Case Management Operations, U.S. Department of Health and Human Services, Office for Civil Rights, 200 Independence Avenue SW, Washington, D.C. 20201
• Phone: 1-800-368-1019 (for help, not to file — you must file in writing)

What to include:

• Your name and contact information
• The name and address of the doctor, hospital, or clinic
• The date of the incident
• A description of what happened — what was said and done, and why you believe it was discrimination
• Any evidence you have (medical records, written communication, witness names)

What happens after:

OCR reviews your complaint and decides whether to investigate. If they find a violation, they can require the provider to change their practices, provide the denied care, or face termination of federal funding. OCR does not award money damages — for that, you would need a private lawsuit.

The 180-day deadline is strict. OCR may extend it if you can show good cause (like not knowing about the right to file), but do not count on an extension. File as soon as you can.

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Step 4: File a complaint with your state medical board

The OCR complaint addresses civil rights violations. A state medical board complaint addresses professional misconduct — unethical behavior, patient abandonment, or failure to meet the standard of care.

Every state has a medical board that licenses and disciplines doctors. The Federation of State Medical Boards maintains contact information for every state board at fsmb.org.

How to file:

Most state medical boards accept complaints online, by mail, or by email. You typically need to provide:

• Your name and contact information
• The doctor's name and license number (look it up on your state board's website)
• The date and location of the incident
• A description of what happened
• Copies of relevant medical records (some boards ask you not to send original records with the initial complaint)

What happens after:

The board reviews the complaint to determine if it falls within their jurisdiction. If it does, they investigate — which can take months. If they find a violation, they can issue a reprimand, require additional training, restrict the doctor's license, suspend it, or revoke it entirely. Board actions become part of the doctor's public record.

State medical boards do not award money. They discipline the doctor. For compensation, you need a lawsuit.

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Step 5: Consider legal action

If the refusal caused you harm — a worsening condition, delayed diagnosis, lost wages, or emotional distress — you may have grounds for a lawsuit. Two types:

Civil rights lawsuit: If the refusal violated Section 1557, Title VI, or the ADA, you can sue for injunctive relief (forcing the provider to change their practices) and, in some cases, damages. The Americans with Disabilities Act allows money damages for intentional discrimination. Section 1557 allows private lawsuits but does not allow punitive damages — actual compensatory damages may be available.

Medical malpractice: If the refusal involved a failure to meet the standard of care and caused injury, a malpractice claim may apply. This is state law and the deadlines vary — some states give you 1 year, others up to 3 years from the date of injury.

A civil rights attorney can tell you which path applies and whether your case is worth pursuing. Many offer free initial consultations.

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Quick reference: deadlines and where to file

What	Deadline	Where to file
HHS OCR civil rights complaint	180 days from the discrimination	ocrportal.hhs.gov
State medical board complaint	Varies by state (typically 1–7 years)	Your state medical board (fsmb.org)
Medical malpractice lawsuit	Varies by state (1–3 years typical)	State court
EMTALA violation (ER refusal)	No fixed statutory deadline — file as soon as possible	CMS regional office

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Document it before you forget

If this happened to you, the deadline clock is already running. IronRecord lets you document the incident now — timestamped, with evidence attached — and calculates your filing deadline automatically. Free to start, no lawyer required.

Start your free record at ironrecord.org/dashboard

When you're ready, you can share your full documented record with a civil-rights attorney in one click.

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This article provides general legal information, not legal advice. Deadlines and procedures vary by state and circumstance. If you are facing a deadline, consult a civil rights attorney in your state as soon as possible.