US Attorney’s Office and Hospital System Agree to Settlement to Resolve ADA Violations

Acting US Attorney Michelle M. Baeppler announced that the US Attorney’s Office for the Northern District of Ohio reached a settlement agreement with various hospitals located in the Mercy Health Northern Markets 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 Mercy Health 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 Mercy Health denied patients the appropriate auxiliary aids and services necessary for effective communication during healthcare.

Under the terms of the settlement agreement, Mercy Health agreed to take proactive steps to ensure future patients, and companions of patients, who are deaf or hard of hearing avoid similar discrimination. The hospital system shall, among other actions, 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. According to the terms of the agreement, Mercy Health shall also make payments to each aggrieved person identified during the investigation and pay a civil penalty to the United States.

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