The Department of Justice (DOJ) filed an amended complaint in the US District Court for Arizona to add an eyecare management company as a co-defendant in its lawsuit against an eyecare center. The amended complaint alleges that the two eye companies discriminate against patients who, because of their disabilities, need assistance transferring from their wheelchairs for eye surgery.
In the original complaint, the DOJ alleged that the eyecare center required patients with disabilities who need transfer assistance to use and pay for third party medical transport and transfer assistance as a condition of their surgery. This violates the Americans with Disabilities Act (ADA). The amended complaint adds allegations that the two companies also denied eye surgery to patients who require transfer assistance. The lawsuit alleges that this discriminatory practice delays needed medical care and results in significant harm to individuals who need eye surgery, including continued eye pain, vision loss, and a loss of independence.
The department is asking the court to stop the companies from discriminating against individuals with disabilities by adopting nondiscriminatory polices related to transfer assistance, and training the staff to provide transfer assistance to patients with wheelchairs. The lawsuit is seeking monetary damages for those people who were harmed by the companies’ discriminatory policies and practices, including those who were denied medical services and those who were forced to pay for third-party transfer assistance in order to get surgery services.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “No one should be refused healthcare services simply because they need help transferring from a wheelchair to a surgery table. Denial of needed surgery based on unfounded assumptions and stereotypes about disability violates the ADA and devalues the lives, health, dignity and independence of individuals with disabilities.”
Issue:
Employees at nursing facilities are well trained to assist residents with transfers. Often facilities send staff to accompany residents to outside medical appointments for transfer assistance, which may impact staffing on nursing units. All medical providers should have staff available to assist their patients with mobility limitations who seek care in their settings, including transfers. If the outside medical provider does not have the resources to assist a resident with transfers so that they can receive services, the nursing facility must provide staff to assist the resident. Denying a resident medical care because of their disability is a violation of the ADA, and a violation of resident rights.
Discussion Points:
- Review your policies and procedures for the prevention of disability discrimination. Update as needed.
- Train staff about the right of residents to be free from disability discrimination. Document that the training occurred and file each signed document in the employee’s education file.
- Periodically audit by ensuring that residents’ scheduled outside medical appointments occurred, and that they were not cancelled due to staff not being available to accompany them to the appointment. Share findings with QAA/QAPI for any needed correction and continued monitoring.
