The Justice Department announced on January 30, 2024, that it filed a complaint and proposed consent decree in the US District Court for the District of Maryland to resolve allegations that a leading healthcare provider in Maryland and the Washington DC region violated the Americans with Disabilities Act (ADA) by denying people with disabilities equal access to medical care by excluding their necessary support persons.
Some individuals with dementia, intellectual disabilities, autism spectrum disorder, and other disabilities may require the assistance of a support person (such as a family member, companion, or aide) to provide their medical history or understand medical directions when accessing medical care. The complaint alleges that the provider failed on numerous occasions to modify its visitor restrictions so that people with certain disabilities which affected their ability to independently access medical care could be accompanied by their support persons. As a result, they were unable to receive equal care without the assistance of their support person.
Under the proposed consent decree, which the court must approve, the provider has agreed to pay a total of $440,000 to compensate multiple eligible affected individuals. The provider will also revise its policies to ensure ADA compliance, train its workforce on the new policies, and report to the department on any future exclusion of support persons, as defined in the decree.
For more information about the ADA, click here.
Compliance Perspective
Issue
The ADA requires healthcare providers to make reasonable modifications in their policies, practices, or procedures when necessary to accommodate people with disabilities, including allowing support persons to accompany residents/patients in facilities. Discrimination on the basis of disability is prohibited. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding disability discrimination. It is essential that administration and human resources are aware of their state-specific laws.
Discussion Points
- Review your policies and procedures to ensure they are in compliance with Title III of the ADA, and allow support persons to accompany residents/patients with disabilities who require support person assistance in order to process relevant medical information, aid comprehension, and/or fully communicate in order to receive equal medical care. Update as needed.
- Provide training on the ADA and on its policies, practices, and procedures to all staff who are responsible for determining when a support person may accompany a resident/patient and/or who interface with the public at any of its facilities or otherwise on its behalf (including, but not limited to, officers, agents, employees, associates, contractors, and consultants). 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 the procedures which must be followed should residents/patients require support person assistance. 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.*
