According to the US Attorney for the Eastern District of Pennsylvania, Jacqueline C. Romero, a Pennsylvania health system has agreed to improve employee training and awareness of the Americans with Disabilities Act (ADA) to resolve allegations that one of its hospitals violated the ADA by denying full and equal access to the hospital’s emergency department (ED) based on an individual’s disability and use of a service animal. The agreement was announced on January 3, 2023.
The ADA requires all hospitals, as places of public accommodation, to provide emergency services to members of the general public. The hospital in question was investigated for allegedly denying an individual with a service animal access to its ED, which is in violation of the ADA.
To resolve the matter, the hospital has agreed to make improvements to both the timing and frequency of employee training related to the ADA and service animals. Specifically, it will require all newly hired staff and security contractors to review its service animal policy and complete ADA training within the first week of employment with the hospital and on an annual basis thereafter. The hospital has further agreed to post a quick-reference reminder about the ADA and service animals at the entrance of the ED.
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 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. For more information about service animals, visit Frequently Asked Questions about Service Animals and the ADA | ADA.gov.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
