The US Attorney’s Office has resolved its investigation of allegations that a Michigan hospital and its affiliated medical facility violated the Americans with Disabilities Act (ADA) by denying patients with disabilities from bringing their service animals into their facilities.
The Michigan hospital allegedly refused to allow a service dog to accompany a patient with a disability into the pre- and post-operative areas of the hospital. Additionally, it also alleged that a doctor at an affiliated medical facility refused to allow a patient to bring her service dog into an examination room. The doctor demanded to see paperwork for the animal and told the patient that she could not continue treatment if she insisted on bringing her service animal.
The agreed resolution requires revision of the service animal policy and nondiscrimination policy as applicable to the Michigan hospital and its affiliates. Additionally, the organization agreed to train its relevant staff on the new policies, including the need to conduct an individualized assessment before any service animal is excluded or prohibited from any area of the Michigan hospital or its affiliates.
Dawn N. Ison, United States Attorney for the Eastern District of Michigan stated, “ The ADA protects the right of individuals who use a service animal for their disability to have their animal with them in virtually all areas, even in hospitals and medical offices. There is no requirement that they provide any documentation for entry, and a person should never be denied health services simply because they use a service animal.”
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 service animals into their 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 for permitting service animals in the facility. Update your policy as needed.
- Provide training for staff on your policy and procedures for permitting service animals to enter the facility. Document that these trainings occurred, and file each signed document in employees’ individual education files.
- Periodically survey staff understanding to ensure that they are aware of the procedures that should be taken when a resident has a service animal.
