US Attorney Roger B. Handberg announces that the United States Attorney’s Office for the Middle District of Florida has reached an agreement with Dr. Mark A. Nowacki, MD to resolve allegations that his medical practice, Mark A. Nowacki, MD, PA, violated Title III of the Americans with Disabilities Act (ADA) by failing to provide auxiliary aids and services to patients with communication disabilities. The US Attorney’s Office opened an investigation into Dr. Nowacki after receiving a complaint from an individual (complainant) who is deaf and uses American Sign Language (ASL). The complainant alleged that in October 2021 she called to schedule a new patient appointment with Dr. Nowacki, an internal medicine specialist in St. Petersburg. During that phone call, the complainant requested an ASL interpreter be provided at the appointment in order for her to effectively communicate with Dr. Nowacki and his staff, but Dr. Nowacki denied her request. As a result of Dr. Nowacki failing to provide an ASL interpreter, the complainant was denied the opportunity to access his healthcare services.
Under the terms of the settlement agreement, Dr. Nowacki must: adopt a written effective communication policy that specifies his office’s obligations under Title III of the ADA; provide qualified interpreters when necessary to effectively communicate with patients—or their companions—with disabilities; implement effective communication training for all employees regarding their obligations under Title III of the ADA; maintain a log documenting all requests Dr. Nowacki receives for auxiliary aids and services, as well as how he handled those requests; report any complaints received alleging Dr. Nowacki violated Title III of the ADA to the United States; and pay the Complainant $1,000 in compensatory damages.
