The US Department of Health and Human Services (HHS), Office for Civil Rights (OCR), entered into a voluntary resolution agreement with a Delaware healthcare system to resolve an investigation under federal disability rights laws. The announcement was made on February 4, 2026.
OCR enforces Section 504 of the Rehabilitation Act and Section 1557 of the Patient Protection and Affordable Care Act, along with their implementing regulations. Section 504 prohibits covered entities from discriminating on the basis of disability in their programs and activities. Section 1557 similarly prohibits discrimination on the basis of disability, among other protected characteristics, in health programs or activities. Both statutes require covered entities to provide appropriate auxiliary aids and services—such as qualified sign language interpreters—when necessary to ensure individuals with disabilities have an equal opportunity to participate in and benefit from covered programs and activities.
The agreement resolves a civil rights complaint filed by a deaf patient who uses American Sign Language to communicate. The complainant alleged that the healthcare system discriminated against him on the basis of his disability by failing to provide a qualified interpreter throughout his three-day hospitalization, resulting in ineffective communication compared to hearing individuals.
Under the terms of the agreement, OCR secured the healthcare system’s commitment to comply with the effective communication requirements of Sections 504 and 1557 and to implement system-wide changes that OCR will monitor for a two-year period. The healthcare system agreed to provide auxiliary aids and services in a timely manner and free of charge where necessary to ensure effective communication with patients or companions with disabilities.
The healthcare system further agreed to:
- Modify policies and procedures to ensure full compliance with the effective communication requirements of Sections 504 and 1557.
- Train personnel—including physicians, employees, staff members, and contractors—who interact with individuals with communication disabilities on effective communication requirements and internal policies.
- Notify OCR of any grievance concerning a failure to provide auxiliary aids or services and how the grievance was resolved.
- Submit compliance reports to OCR at six-month intervals throughout the monitoring period to demonstrate adherence to the agreement.
Compliance Perspective
Issue
Federal disability rights laws require covered healthcare entities to ensure effective communication with individuals who have communication disabilities. This includes providing appropriate auxiliary aids and services, such as qualified interpreters, when necessary to ensure communication is as effective as it is with individuals without disabilities. Compliance requires not only the availability of aids and services, but also clear processes for identifying communication needs, timely provision of supports, and consistent implementation across all settings of care. Failure to establish and follow effective communication practices may result in unequal access to care, civil rights violations, and regulatory enforcement actions.
Discussion Points
- Review policies and procedures related to effective communication with patients, residents, and companions who have hearing, vision, or speech disabilities. Policies should clearly address how communication needs are identified, how auxiliary aids and services are requested and provided, and how compliance with non-discrimination requirements is monitored. Facilities may find it beneficial to work with an external compliance or healthcare consultant to assist with policy review, gap analysis, and alignment with current regulatory expectations and survey readiness standards.
- Provide regular education and training for staff on effective communication requirements and techniques for interacting with individuals with communication disabilities. Training should address the use of auxiliary aids and services, staff roles and responsibilities, and procedures for accessing communication supports in a timely manner. 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.
- Implement ongoing monitoring processes to assess compliance with effective communication requirements, including audits of documentation, staff awareness, and response times for auxiliary aids and services. Periodic internal assessments—or focused reviews conducted with the support of an outside compliance specialist—can help identify gaps, validate corrective actions, and strengthen preparedness for regulatory surveys or complaint investigations.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*