After the Office of Civil Rights (OCR) found that a hospital violated the Rehabilitation Act of 1973 (Act) by failing to provide an auxiliary aid or sign language interpreter to a deaf patient that sought treatment in the emergency room, a resolution agreement was reached between HHS and the hospital. During the deaf patient's visit he was accompanied by his 11-year-old son; the patient and his son requested a sign language interpreter and the patient's wife called the hospital and asked that one be provided. Despite the hospital's assurances that one would be provided, no interpreter ever arrived. The patient's medical history, consent for treatment, diagnosis, medication, and discharge instructions were all conveyed through the patient's son. The hospital had a policy in place at the time of treatment that stated that it will provide a qualified interpreter to a hearing impaired person to facilitate the delivery of quality patient care. In addition, the hospital had one portable telecommunication device for the deaf (TDD) for use in the emergency room, which was not utilized.
The OCR found that the hospital failed to provide appropriate auxiliary aids adequate to afford the patient effective communication. Further, the hospital's failure to provide the patient with an interpreter was inconsistent with the hospital's own policy regarding situations which require a qualified interpreter, such as obtaining medical histories and consent for treatment, making a diagnosis and giving medication indications, and discharge instructions.
As a result of the finding that the patient was deprived of an equal opportunity to benefit from the services the hospital provides, the hospital agreed to the provisions of a resolution agreement with the OCR and to become compliant with the Act. Under the agreement, the hospital must (1) provide deaf or hard-of-hearing patients and companions with full enjoyment of hospital services, and not deny services, privileges, facilities, advantages, and accommodations; (2) designate an individual to coordinate compliance with the Act; (3) develop procedures to address complaints of discrimination; and (4) develop a notice of nondiscrimination and inform patients, companions, and personnel of the contents of the notice. Further, the hospital agreed to specific requirements as to which situations require an interpreter or auxiliary aids to be made available to a patient and the time frames in which they must be provided in emergency and scheduled visits. The hospital also is required to revise its policies and procedures within 60 days to ensure that effective communication is provided to deaf or hard-of-hearing patients and companions and to maintain a log of requests for auxiliary aids to submit to the OCR periodically along with compliance reports.
Source: Office for Civil Rights Letter of Findings, Sept. 1, 2009, Health Care Compliance Reporter, ¶370,032.
Resolution Agreement, Sept. 1, 2009, Health Care Compliance Reporter, ¶370,033.
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