On October 10, the United States Attorney for the Eastern District of Washington announced that a behavioral health hospital had agreed to implement remedial measures over the next two years and pay $10,000 in compensatory damages to settle allegations of violations under Title III of the Americans with Disabilities Act (ADA).
A former patient alleged that he was required to provide documentation of a service animal in violation of the ADA’s requirements, that he was not allowed to conduct visitation indoors with the service animal, and that he was segregated from other patients of the hospital while utilizing the service animal.
The US Attorney’s Office noted that the hospital fully and promptly cooperated with the investigation and agreed to take concrete remedial measures to ensure ADA compliance.
Under the terms of the settlement, the hospital will:
- Pay $10,000 in compensatory damages to the individual with disabilities
- Implement and utilize a written Title III ADA service animal policy
- Require annual employee training on ADA requirements
- Conspicuously post notices to patients and employees at the facility that service animals are welcome
- Submit annual reports to the United States Attorney’s Office for the next two years, certifying compliance with all remedial terms of the agreement and self-reporting any alleged ADA violations so they can be fully investigated
Compliance Perspective
Issue
The ADA requires healthcare providers to make reasonable modifications to their policies, practices, or procedures to accommodate individuals with disabilities, including allowing service animals in their facilities. Discrimination on the basis of disability is prohibited. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding disability discrimination. It is essential that administration and human resources are aware of their state-specific laws.
Discussion Points
- Review and update your policies and procedures for permitting service animals into the facility.
- Provide staff training on these policies and document the training, maintaining records in each employee’s education file.
- Conduct periodic surveys to ensure staff awareness of procedures for accommodating service animals. For more information about service animals, visit Frequently Asked Questions about Service Animals and the ADA | ADA.gov.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
