The US Attorney’s Office for the Northern District of Ohio reached a settlement agreement with an Ohio hospital system to resolve violations stemming from an investigation under the Americans with Disabilities Act (ADA).
The agreement follows a federal civil rights investigation into complaints of discriminatory treatment of deaf patients and their companions during healthcare stays at several hospitals. These complaints stated that the hospitals failed to provide on-site interpreters and, instead, relied on note writing and/or video remote interpreting services that failed to provide effective communication. On the basis of its investigation, the United States determined that the hospitals denied patients the appropriate auxiliary aids and services necessary for effective communication during healthcare.
Under the terms of the settlement agreement, the hospital system has agreed to take proactive steps to ensure future patients, and companions of patients, who are deaf or hard of hearing avoid similar discrimination. Additionally, the hospitals will provide appropriate auxiliary aids and services, when necessary, after conducting a communication assessment by consulting with the patient and/or companion.
The agreement also states that patients and their companions shall be advised of the availability of these aids and services throughout their healthcare stay and that these services will be provided free of charge. Furthermore, the hospital system will make payments to each aggrieved person identified during the investigation and pay a civil penalty to the United States.
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.*
