United States Attorney Zachary A. Cunha announced on April 27, 2023, that a Providence nursing home had entered into an agreement with the United States Attorney’s Office for the District of Rhode Island (US Attorney’s Office), resolving allegations that the facility failed to furnish sign language interpreting services during interactions with a resident who is deaf.
The matter was initiated by a complaint filed with the US Attorney’s Office, alleging violations of Title III of the Americans with Disabilities Act of 1990 (ADA). Specifically, the complainant suffered a heart attack and stayed at the facility, receiving skilled nursing and rehabilitation services, from September 10, 2021, until her discharge on October 15, 2021. The complainant, who is deaf and uses American Sign Language and lip-reading as her primary means of communication, alleged that the nursing home failed to provide her with a sign language interpreter or any other means of effective communication during the entire period in which she received care there.
Under the settlement agreement, the nursing home will adopt new ADA policies and practices, train its staff on those policies, will report any future complaints, and will cooperate with the US Attorney’s Office to ensure ongoing compliance with the terms of the settlement agreement. The nursing home will also pay a settlement of $30,000 to the complainant and a $5,000 civil penalty.
“When deaf Rhode Islanders seek medical care, they shouldn’t have to worry whether a lack of legally required interpreter services will keep them from communicating effectively with their healthcare providers,” remarked US Attorney Cunha.
Compliance Perspective
Issue
Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodations, such as medical centers. The ADA requires places of public accommodation to provide the necessary auxiliary aids and services to ensure that communication is effective. Such aids and services can include American Sign Language interpreters for individuals who are deaf or hard of hearing and must be paid for by the place of public accommodation.
Discussion Points
- Review your policies and procedures for communicating effectively with residents who are hearing, sight, or speech impaired. Also review your policies and procedures for the prevention of discrimination and retaliation. Update as needed.
- Provide training for staff on effective communication techniques for all residents, including those with hearing, sight, or speech disabilities. 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. In addition, ensure that staff are aware of how to report any concerns of discrimination or retaliation.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
