The United States Attorney’s Office announced a settlement agreement under the Americans with Disabilities Act (ADA) with the owners of a Virginia skilled nursing facility (SNF). The owners also have an interest in 12 other SNFs, and the remedial terms of the settlement agreement apply to each of them.
The settlement agreement resolves allegations that the facility had denied admission to an individual who is deaf because she would need sign language interpreting services while there. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aid or services, such as a sign language interpreter. In addition to making significant changes to the policies and procedures at their SNFs, the owners of the facility also agreed to pay $40,000 to the resident who it denied admission and a $50,000 civil penalty.
To resolve this complaint, the nursing facilities’ owners agreed to adopt new ADA policies at all 13 of the SNFs in which they have an interest. These policies will make the facilities’ services accessible to individuals with communication disabilities, including those who require the services of a sign language interpreter; require designation of ADA administrators, who will be responsible for ensuring each facility’s compliance with the ADA; require the facilities to enter into agreements with sign language interpreting service providers to offer services to individuals who need them; and provide training for the facilities’ personnel on the ADA’s effective communication requirements.
Compliance Perspective
Issue
According to the ADA, discrimination includes: (1) imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations; and (2) failing to take necessary steps to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, unless this would fundamentally alter the nature of the spectrum of options being offered or would result in an undue burden to the company. Refusing an individual admission to a facility because they require sign language interpreter services is a violation of Title III of the ADA.
Discussion Points
- Review the facility’s policies and procedures on discrimination and admission screening. Ensure that these policies include prohibiting discrimination on the basis of any disability.
- Educate appropriate staff on Title III of the ADA and how denying admission to the facility based upon requiring sign language interpreter services or other accommodations could be seen as discrimination. Provide training for staff on effective communication techniques for employees and residents who may be hearing impaired. Document that the trainings occurred and file the signed training document in each employee’s education file.
- Periodically audit the list of individuals who were denied admission to the facility to ensure that their denial was not in violation of Title III of the ADA. Periodically survey staff to ensure that they are aware of resources that are available at your facility for residents who are hard of hearing, deaf, or have other sensory impairments to ensure that residents’ needs are being met. Address any identified concerns in a timely manner.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
