The US Attorney’s Office and a Washington-based medical group have resolved allegations that one of the group’s facilities repeatedly failed to provide sign-language interpreter services for a patient who is deaf and blind, in violation of the Americans with Disabilities Act (ADA). According to the US Attorney’s Office, this is the fourth medical group in the past three years to resolve allegations that it violated the rights of patients who are deaf or deaf and blind.
Under the settlement, the company will pay $25,000 to the patient, who had multiple appointments cancelled or conducted without adequate interpreter services. The company has also created a $350,000 fund to compensate other patients who were affected during the claims period, which runs from January 1, 2021, through September 30, 2025. In addition to the financial terms, the company must take several steps to ensure compliance with the ADA.
The company commits to having appropriate interpreter services available for all patients and will contract with no fewer than five providers. As part of its intake process, staff will assess patients’ needs for auxiliary aids or services. The company will designate a point person to oversee assistive devices and services, supported by additional staff who can arrange appropriate accommodations. These employees will undergo mandatory training approved by the US Attorney’s Office on identifying communication needs and securing interpreter services. Training will also be provided to all employees who have patient contact.
The company will maintain a log of patients or companions who require auxiliary aids or services and document the services provided. When services are not provided, the log will explain the circumstances. These logs will be included in the compliance reports submitted periodically to the US Attorney’s Office.
The company will post information in Braille and in printed signage about the auxiliary aids and services it offers. The same information will be available on the company’s website, along with instructions for requesting such services.
Every six months, the company will prepare a compliance report for the US Attorney’s Office. Any complaints regarding the failure to provide appropriate auxiliary aids or services must be forwarded to that office within 30 days.
The company will also pay the United States $25,000 as a civil penalty to support ADA enforcement. A claims administrator will review company records to determine whether other patients were affected during the claims period. The list of patients and the number of cancelled or impacted appointments will be provided to the US Attorney’s Office. Identified patients will be contacted by the claims administrator, and a website will provide information for potential claimants. Eligible claimants may seek compensation from the $350,000 fund. Any remaining funds after all valid claims are processed will be returned to the company.
The agreement between the company and the US Attorney’s Office will remain in effect for two years.
Compliance Perspective
Issue
The ADA requires that covered entities communicate effectively with individuals who have communication disabilities, ensuring that communication is as effective as it is with individuals without disabilities. To meet this standard, auxiliary aids and services must be provided when necessary, taking into account factors such as the nature and complexity of the communication and the individual’s customary methods. This obligation extends not only to direct communication with the individual but also, when appropriate, to their companions. For individuals who are deaf or hard of hearing, appropriate aids may include qualified interpreters (such as sign language or oral interpreters), real-time captioning, and written materials. A “qualified” interpreter is one who can interpret effectively, accurately, and impartially, using any required specialized vocabulary. Technology-based services like Video Relay Service (VRS) and Video Remote Interpreting (VRI) also support effective communication. VRS allows individuals to communicate through a sign language interpreter via video, while VRI enables remote interpreting when on-site interpreters are unavailable, such as in rural or underserved areas.
Discussion Points
- Review your policies and procedures related to effective communication with residents, patients, and their family members or representatives who have hearing, vision, or speech disabilities. Include a review of anti-discrimination and anti-retaliation policies. Updates should reflect current ADA requirements and best practices. Facilities may benefit from engaging a third-party consultant to assist with policy evaluation, especially when addressing complex regulatory requirements or preparing for upcoming surveys.
- Provide regular training for staff on effective communication techniques for interacting with individuals who have hearing, vision, or speech disabilities. This training should include the use of auxiliary aids and services, understanding residents’ communication preferences, and procedures for requesting interpreters or other supports. Med-Net Academy offers the course Caring for Residents with Sensory Impairments, which reviews common hearing and visual conditions, CMS and ADA requirements, communication technologies, and practical strategies for supporting residents with sensory impairments and related communication challenges.
- Periodically survey or assess staff to confirm they are aware of available communication resources within the facility for individuals who are deaf, hard of hearing, or who have vision or speech disabilities. Ensure they understand the procedures for accessing services, as well as how to report concerns related to discrimination or retaliation. Incorporating external support—such as an outside compliance specialist—to perform focused audits or mock surveys can help identify gaps and reinforce facility readiness ahead of regulatory reviews.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*