The Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) has entered into a voluntary resolution agreement with an Arkansas hospital to ensure effective communication with individuals who are deaf or hard of hearing under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act of 2010.
The agreement resolves a complaint filed with OCR by an individual, alleging that the hospital discriminated against her on the basis of her disabilities when it failed to provide her with appropriate auxiliary aids to ensure effective communication during her visit to the Emergency Department on September 1, 2019, in violation of Section 504 and Section 1557. Collectively, Section 504 and Section 1557 prohibit any entity that receives federal financial assistance from discriminating against qualified individuals with disabilities and requires an entity to take steps to ensure communication with individuals with disabilities is as effective as communication with others through the use of appropriate auxiliary aids and services.
“Effective communication is particularly critical in healthcare settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment,” said OCR Director Melanie Fontes Rainer. “Providers must understand their obligations under law and have in place protocols to ensure that staff know how to obtain interpreter services and other communication aids and services when needed by persons who are deaf or hard of hearing.”
As a result of the investigation, the hospital voluntarily entered into an agreement and affirmed that it will comply with all provisions of Section 504 and Section 1557.
OCR has resources available to hospitals and healthcare providers to help ensure effective communication with their patients, including:
Compliance Perspective
Issue
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. 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.*
