A Michigan healthcare company has agreed to enter into a settlement agreement with the United States Attorney’s Office for the Eastern District of Michigan to resolve its investigation under Title III of the Americans with Disabilities Act (ADA), United States Attorney Dawn N. Ison announced on September 23, 2024.
The company, which owns and operates multiple hospitals and outpatient health centers throughout the state, came under investigation after the US Attorney’s Office received complaints regarding the provision of auxiliary aids and services for individuals who are deaf or hard of hearing. The company fully cooperated with the investigation.
Under the settlement agreement, the company is required to provide auxiliary aids and services free of charge to ensure effective communication with patients and their companions, in accordance with the ADA. Under the terms of the settlement, the company will provide a combined $220,000 in monetary relief to fourteen affected individuals.
Additionally, the company will review and revise its policies to align with ADA requirements. It will enhance existing notices within its facilities to clearly inform patients and their companions about the availability of American Sign Language (ASL) interpreters and other auxiliary aids at no cost. The company will also contract with additional vendors to offer both virtual and in-person interpretive services as needed.
Staff will be trained on the updated policies, and any future complaints from individuals with disabilities will be reported to the US Attorney’s Office.
“It is critical that patients who are deaf or hard of hearing have the ability to communicate effectively with their healthcare providers,” US Attorney Dawn Ison said.
Compliance Perspective
Issue
The ADA mandates that covered entities communicate effectively with individuals who have communication disabilities, ensuring that their communication is as effective as that with individuals without disabilities. To achieve this, auxiliary aids and services must be provided when necessary, considering factors like the nature and complexity of the communication and the person’s usual methods of communication. This applies not only to direct interactions with the individual but also to communication with their companions in appropriate contexts. For those who are deaf or hard of hearing, appropriate aids include qualified interpreters (such as sign language or oral interpreters), real-time captioning, and written materials. A “qualified” interpreter effectively conveys information both ways using specialized vocabulary. Technologies like Video Relay Service (VRS) and Video Remote Interpreting (VRI) are also available. VRS enables communication through a sign language interpreter via video, while VRI provides remote interpreting services, useful in rural areas where on-site interpreters may be scarce.
Discussion Points
- Review your policies and procedures for communicating effectively with residents and their family members or representatives who have hearing, sight, or speech impairments. Also review your policies and procedures for the prevention of discrimination and retaliation. Update as needed.
- Provide training for staff on effective communication techniques for residents and their family members or representatives, including those with hearing, sight, or speech disabilities. Document that these trainings occurred and file each signed document in the employee’s individual education file.
- Periodically survey staff to ensure that they are aware of resources that are available at the facility for residents and their family members or representatives who are hard of hearing or deaf, or who have sight or speech disabilities. In addition, ensure that staff are aware of how to report any concerns of discrimination or retaliation.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
