The Justice Department announced that it has filed a proposed consent decree with two eye care practices to resolve its lawsuit alleging that they violated the Americans with Disabilities Act. The lawsuit alleged that the practices refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. Medical providers routinely offer this type of assistance to patients who need help transferring from a wheelchair to an examination or surgical table for surgery and exams.
“The Americans with Disabilities Act requires healthcare providers to offer equal access to their services,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Patients with disabilities must not be denied crucial medical services or forced to pay surcharges because they need transfer assistance. The Justice Department is fully committed to protecting the civil rights of individuals with disabilities to get the medical care they need.”
Under the decree, the practices will end their policies of denying surgery and prohibiting staff from providing transfer assistance to people with mobility disabilities. One of the practices operates eye care facilities throughout Arizona, and the other is one of the largest eye care practice management organizations in the country, partnering with eye care providers in Arizona, New Mexico, Nevada, and Texas. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.
Compliance Perspective
Issue
Employees at nursing facilities are well trained to assist residents with transfers. Often facilities send staff to accompany residents to outside medical appointments for transfer assistance, which may impact staffing on nursing units. All medical providers should have staff available to assist their patients with mobility limitations who seek care in their settings, including transfers. If the outside medical provider does not have the resources to assist a resident with transfers so that they can receive services, the nursing facility must provide staff to assist the resident. Denying a resident medical care because of their disability is a violation of the ADA, and a violation of resident rights.
Discussion Points
- Review your policies and procedures for the prevention of disability discrimination. Update as needed.
- Train staff about the right of residents to be free from disability discrimination. Document that the training occurred and file each signed document in the employee’s education file.
- Periodically audit by ensuring that residents’ scheduled outside medical appointments occurred, and that they were not cancelled due to staff not being available to accompany them to the appointment. Share findings with QAA/QAPI for any needed correction and continued monitoring.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
