Written by Joseph J. Lynett.

The U.S. Department of Justice (DOJ), as part of its Barrier-Free Health Care Initiative, announced  it has reached multiple settlements with health care providers concerning access to services for persons who are deaf.  These include a hospital, rehabilitation centers, an ear, nose and throat practice, and a sports medicine center.  The settlements, reached in past few months, refer to the auxiliary aids or services that the DOJ considers necessary to comply with Title III of the Americans with Disabilities Act (ADA) ( prohibiting discrimination on the basis of disability by public accommodations and in commercial facilities).

The individuals who  complained to  the DOJ are deaf and use American Sign Language (“ASL”) as their primary method of communication.  They filed complaints after health care providers denied their requests for  ASL interpreters during treatment, at the providers’ expense. 

The settlement agreements require each provider to:

  • provide “appropriate auxiliary aids and services, including qualified interpreters, where necessary to ensure effective communication” unless an undue burden or a fundamental alteration would result;
  • make documented determinations of what auxiliary aids or services are appropriate in consultation with any person with a disability using established factors and a defined timeline;
  • perform a communications assessment, using a form attached to the settlement, as soon as practical and document the results in the patient’s chart;
  • post and maintain signs in the waiting area stating that the facility will provide qualified interpreters free of charge for patients, family members, and companions;
  • maintain a list of qualified interpreters or interpreter agencies or arrange for the services of qualified interpreters, and submit that list to the DOJ;
  • log each request for an auxiliary aid or service, including the time, date, requesting individual, the specific service requested, and the type of auxiliary aid or service provided;
  • hire an advocacy group to provide mandatory training approved by the DOJ on an annual basis to all staff and affiliated individuals on the medical facilities’ obligations under Title III, including training in the degrees of hearing impairment and the use of auxiliary aids and services;
  • submit written compliance reports to the DOJ; and
  • provide the DOJ with oversight to assess  compliance with the settlement agreement for 3-years.

The settlement agreements also contain monetary terms requiring that each provider pay the complaining parties damages ranging from $0 – $15,000, and the DOJ civil penalties ranging from $0 – $1,000.

The settlement agreements and press releases can be accessed through the following link:  http://www.ada.gov/usao-agreements.htm.

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Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.