An agreement was reached, under the Americans with Disabilities Act (ADA), with a dermatology practice in Ashland, Kentucky, addressing effective communication with deaf and hard of hearing patients, the United States Attorney’s Office for the Eastern District of Kentucky announced on February 15, 2024. The settlement resolves a complaint filed by a patient who alleged that she was not provided an American Sign Language (ASL) interpreter during an initial appointment.
The United States initiated the review upon receipt of a complaint from the patient, who alleged that the practice failed to provide her with an interpreter or other appropriate auxiliary aids during a medical appointment. She also alleged that staff at the practice informed her that she would need to bring someone to help interpret as the practice did not provide interpreters for patients.
Through its investigation, the United States determined that the practice failed to take necessary steps to ensure effective communication with deaf or hard of hearing patients. For example, although the practice routinely treated patients who were deaf or hard of hearing, office staff encouraged them to bring someone with them to facilitate communication rather than offering an interpreter or otherwise inquiring about their communication needs, in violation of the ADA.
Under the terms of the agreement, the practice will advise patients and companions of their right to auxiliary aids and services to ensure effective communication, including a live qualified sign language interpreter, whether through video or on-site. The practice will maintain a list of qualified interpreters and establish internal procedures for ordering interpreting services. The practice will also modify its policies and protocols to comply with the ADA, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the agreement.
Compliance Perspective
Issue
The ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation. Discrimination includes failing to take such steps as necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than any other individual because of the absence of auxiliary aids and services. A public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her. For people who are deaf, have hearing loss, or are deaf-blind, appropriate auxiliary aids and services include 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.
Discussion Points
- Review your policies and procedures for communicating effectively with residents and their family members or representatives who are hearing, sight, or speech impaired. Also review your policies and procedures for the prevention of discrimination and retaliation. Update as needed.
- Provide training for staff on effective communication techniques for residents and their family members or representatives, 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 and their family members or representatives who are hard of hearing or deaf, or who have sight or speech disabilities. In addition, ensure that staff are aware of how to report any concerns of discrimination or retaliation.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
