The Department of Justice (DOJ) and a Georgia hospital reached an agreement under the Americans with Disabilities Act (ADA). The agreement will ensure effective communication with deaf patients and companions.
A deaf patient alleged that the Georgia hospital, despite her requests for an American Sign Language (ASL) interpreter for her labor and delivery, did not provide an interpreter or any other communication aid or service. The patient alleged that she was forced to rely on lip reading and on her companion, who is also deaf. Her companion tried to advocate for her even though she also had difficulty trying to understand and communicate with the staff at the hospital.
The patient alleged that she and her companion were unable to get important information about a complication during the delivery since the Georgia hospital did not provide an effective communication method for her or her companion. The patient alleged that the situation caused fear and confusion for them both.
The hospital fully cooperated with the DOJās investigation and substantiated the allegations of the complaint. Under the terms of the agreement, hospital personnel will advise patients and companions of their right to auxiliary aids and services to ensure effective communication, including a live qualified sign language interpreter, whether through video conference or on-site. The hospital will provide at all reception areas prompt communication via text, pen and paper, and the use of a handheld device to connect with a qualified interpreter and will continue to assess communication needs and provide effective communication throughout the hospital visit. The hospital will modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the agreement. Additionally, the hospital will pay $50,000 to the patient and $10,000 to the companion, who were both found to be harmed by the hospitalās actions.
Assistant Attorney General Kristen Clarke for the Justice Departmentās Civil Rights Division stated, āNo patient should be denied the ability to communicate effectively with their nurse or doctor, especially when giving birth to a child. This settlement reflects the Justice Departmentās commitment to ensuring that people who are deaf and hard of hearing are not excluded from participating in their own health care due to a lack of communication aids or services.ā
Issue:
All healthcare facilities must ensure that individuals with hearing impairments receive access to effective communication, which can assist them in making appropriate healthcare decisions. While federal law prohibits discrimination, it is important to also know your own stateās laws as well.
Discussion Points:
- Review your policies and procedures for providing effective communication for employees and residents who are deaf or have hearing or speech impairments. Ensure that your policies for communicating effectively with the hearing impaired include information on using a Telecommunications Relay Service (TRS). Update your policy as needed.
- Provide training for staff on effective communication techniques for use with hearing impaired, deaf, or speech impaired employees and residents, including receiving telephone calls in which a TRS operator coordinates the connection. Document that these trainings occurred and file each signed document in the employeeās individual education file.
- Periodically survey staff to ensure that they are aware of resources that are available at your facility for residents who are hearing or speech impaired or deaf. Ensure that those with responsibility for answering the facilityās telephones are knowledgeable about how to receive a phone call using a TRS method.
