A Warrenton, Virginia nursing home has agreed to pay compensatory damages and a civil penalty, as well as enact remedial actions for residents with disabilities, to settle allegations that it violated the Americans with Disabilities Act (ADA). The settlement agreement between the United States Attorney’s Office and the nursing home resolves allegations that the facility had denied admission to an individual who is deaf because she would need sign language interpreting services. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aid or services, such as a sign language interpreter. The managers of the facility, who are parties to the settlement agreement, have an interest in seven other nursing facilities located in Virginia, Maryland, Michigan, and New Jersey. The remedial action agreed upon is to be implemented at those facilities.
To resolve this complaint, the facility agreed to adopt new ADA policies that will make their services accessible to individuals with communication disabilities, including those who require the services of a sign language interpreter; designate an ADA Administrator, who will be responsible for ensuring each facilities’ compliance with the ADA; enter into agreements with sign language interpreting service providers to provide services to individuals who need them; and provide training for its personnel on the ADA’s effective communication requirements. The agreement covers eight of the nursing facilities in which the managers have an interest. In addition to making changes to the policies and procedures at their nursing facilities, the Warrenton facility has agreed to pay $40,000 to the resident to whom it denied admission and a $50,000 civil penalty.
