The US Attorney’s Office for the Western District of Washington and an ambulance company have reached a settlement agreement aimed at improving services for patients who are deaf or hard of hearing. The settlement resolves an Americans with Disabilities (ADA) complaint brought by a South King County resident regarding emergency medical transport. The ambulance crew had no auxiliary aids to allow communication with the patient and failed to notify the hospital that the patient needed communication services.
According to the settlement agreement, the ambulance company will ensure it has appropriate auxiliary aids and services on hand for use with patients who are deaf or hard of hearing. Each patient can be shown a pictograph which allows them to indicate the preferred method of communication: for example, sign language, lip reading or written communication. The company will obtain relevant hardware and enter into contracts for video remote interpreting for each ambulance licensed for emergency response. The company also agreed to notify the destination hospital if a patient needs communication assistive devices or services, so as not to delay important care. The additional communication services must be provided without any additional charge to the patient. The company will keep a log of the use of auxiliary services and how effective communication was ensured.
In terms of the agreement, the company will also provide training to its ambulance personnel regarding the use of the communication services. The training will be reviewed and approved by the US Attorney’s Office. For the next three years the US Attorney’s Office will review any complaints related to use of auxiliary aids for patients who are deaf or hard of hearing. Each year the company will provide the US Attorney’s Office with a written report regarding the use of auxiliary aids or services.
Compliance Perspective
Issue
The ADA gives federal civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. Healthcare facilities that receive federal funding must provide aids and services when needed to communicate effectively with people who have hearing, sight, or speech disabilities. For people who are deaf, have hearing loss, or are deaf-blind, this includes providing a qualified notetaker; a qualified sign language interpreter, oral interpreter, cued-speech interpreter, or tactile interpreter; real-time captioning; written materials; or a printed script of a stock speech. A “qualified” interpreter means someone who is able to interpret effectively, accurately, and impartially, both receptively (i.e., understanding what the person with the disability is saying) and expressively (i.e., having the skill needed to convey information back to that person) using any necessary specialized vocabulary. A person’s method(s) of communication is also key. For example, sign language interpreters are effective only for people who use sign language. Other methods of communication, such as those described above, are needed for people who may have lost their hearing later in life and do not use sign language.
Discussion Points
- Review your policies and procedures for communicating effectively with residents who are hearing, sight, or speech impaired. Update your policies as needed.
- Provide training for staff on effective communication techniques for all residents, including those with hearing, sight, or speech disabilities. Train staff on the necessity of informing transport and emergency response personnel at the time their services are requested if the resident has a communication impairment and needs auxiliary aids. 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 who are hard of hearing or deaf, or who have sight or speech disabilities.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
