A Connecticut hospital has entered into a Voluntary Resolution Agreement with the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS), in partnership with the U.S. Attorney’s Office for the District of Connecticut Department of Justice (DOJ). The Voluntary Resolution Agreement is to ensure effective communication with individuals who are deaf or hard of hearing.
A former deaf patient of the Connecticut hospital alleges that the hospital failed to provide timely auxiliary aids and services to effectively communicate during his hospitalization. He requested and received services upon admission to their emergency room, but was not provided an interpreter or video remote interpreting services at other departments where he was treated. Instead, he had to rely on hand-written notes to communicate with doctors and staff.
An investigation was conducted by the DOJ and OCR regarding the allegations, and a review of the hospital’s policies and procedures for effective communication with individuals who or deaf or hard of hearing was performed. Due to the investigation, the Connecticut hospital voluntarily entered into an agreement to affirm its assurance of compliance with Section 504, Section 1557, and Title III of the Americans with Disabilities Act (ADA). Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Act of 2010 prohibit any entity that receives Federal financial assistance from discriminating against qualified individuals with disabilities, and requires an entity to take steps to ensure communication with individuals with disabilities is as effective as communication with others through the use of appropriate auxiliary aids and services.
Under the agreement, the Connecticut hospital will take steps to ensure the availability of auxiliary aids and services, and will monitor these steps. The hospital also agreed to pay $7,500 in compensatory relief for the complainant under the ADA.
OCR Director Lisa Pino stated, “Health care providers have a responsibility to provide effective communication, which is a key component to ensuring patients receive quality care. This agreement sends an important message about the importance of eliminating unnecessary barriers to equal treatment for those who are deaf or hard of hearing.”
The full Voluntary Resolution Agreement can be accessed here.
Compliance Perspective
Issue
Any healthcare facility that receives federal funding must ensure that individuals with hearing impairments receive access to effective communication. Effective communication for these individuals can assist them in making appropriate healthcare decisions. While federal law prohibits discrimination, be sure to also know your own state’s laws.
Discussion Points
- Review your policies and procedures for providing effective communication between employees and residents who are deaf or hard of hearing. Update your policy as needed.
- Provide training for staff on effective communication techniques for employees and residents who may be hearing impaired. Document that these trainings occurred and file each signed document in employees’ individual education files.
- Periodically survey staff to ensure that they are aware of resources that are available at your facility for residents who are hard of hearing or deaf.
