A Michigan ophthalmologist practice reached a settlement with the Unites States Attorney’s Office for a violation of the Americans with Disabilities Act (ADA). It was alleged that the ophthalmologist practice refused to allow a service animal to accompany an individual with a disability beyond the patient waiting area.
The ADA prohibits discrimination against people with disabilities by public accommodations, such as offices of healthcare providers. Public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities, which includes making reasonable modifications of their policies, practices, and procedures to permit people with disabilities to be accompanied by service animals.
Under the settlement agreement, the ophthalmology practice will adopt a non-discrimination policy that permits service animals to accompany individuals with disabilities into examination and treatment rooms. It will also train its employees on the ADA, and post its non-discrimination policy in its facilities and on its website. It was also ordered to pay damages to the affected patient.
Dawn Ison, United States Attorney for the Eastern District of Michigan, stated, “Service animals are a critical support for many individuals with disabilities. People who depend on service animals to assist them deserve the same access to our community as individuals who do not, and that is particularly true for access to healthcare services.”
Compliance Perspective
Issue
Facilities should establish policies and procedures to provide necessary accommodations for people with service animals. If a service animal is denied access to a facility or to areas within the facility, this could be seen as discrimination. 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 into the facility. Update your policies as needed.
- Provide training for staff on your policies and procedures for permitting service animals into the facility. Document that these trainings occurred, and file the signed document in each employee’s education file.
- Periodically survey staff to ensure that they are aware of the procedures which must be followed should service animals enter the premises.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
