On September 12, the Justice Department announced a complaint and proposed consent decree against a health system for violating the Americans with Disabilities Act (ADA). The health system was accused of 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, personal assistant or other individual knowledgeable about them) when accessing medical care. Support persons can help individuals with disabilities to communicate, such as providing their medical history and answering questions, and to understand what is happening, such as medical instructions they are given during their care and discharge.
The complaint alleges that the health system failed on numerous occasions to follow its own policies on visitors and support persons and did not permit patients with disabilities to be accompanied by their support persons. As a result, these patients were unable to receive equal care. Title III of the ADA requires private hospitals and other healthcare providers to provide individuals with disabilities with full and equal enjoyment of their goods and services.
Under the proposed consent decree, pending court approval, the health system will pay $150,000 to affected individuals. The system will also revise its support person policies to comply with the ADA, provide employee training on these policies, and report future complaints regarding support persons to the Justice Department.
“Patients with disabilities may need the assistance of a support person, like a family member or aide, to have equal access to healthcare, especially during emergencies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Policies and training go hand in hand when it comes to ensuring that healthcare providers and their employees are protecting patient rights and not excluding support persons improperly. Ensuring equal access to medical care is a priority for the Justice Department.”
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, staff know how to report concerns about 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.*
