Ohio Nursing Homes Sued for Failing to Provide Interpreter Services to Hearing Impaired Residents
A Florida fair housing center has filed a lawsuit against several nursing homes and nursing home companies in Ohio and other locations. The suit alleges that the companies and the individual nursing homes failed to provide aid or interpreter services for residents who are deaf or hearing impaired.
The fair housing center based its lawsuit on the findings of testers who called or visited facilities in the summer and fall of 2017 requesting interpreters for deaf residents or prospective residents. The lawsuit states, “Testers were told by the defendants’ representatives or administrators that a deaf resident must pay for his/her own interpreters or use writing on whiteboards to communicate.”
The CEO of the fair housing center asserted, “no facility gave testers an affirmative response to a request for services for deaf people.” He also maintained, “a nursing or care facility should be willing to provide an American Sign Language (ASL) interpreter and make any accommodation necessary for effective communication.”
The lawsuit asserts that written communication may not work in certain situations. Consequently, the fair housing center alleges that based on federal law (Americans with Disabilities Act), “the nursing homes discriminated against the residents with impaired hearing by refusing to provide auxiliary aids and services necessary to achieve effective communication with prospective deaf residents who use ASL.”
Compliance Perspective
Failure to provide auxiliary aids and services necessary to ensure effective communication with deaf residents, both current and prospective, may be considered non-compliance with the American’s with Disabilities Act and federal and state regulations.
Discussion Points:
- Review policies and procedures regarding the provision of auxiliary aids and services to ensure effective communication with hearing impaired or deaf residents who use ASL.
- Train staff on the policies and procedures and how to respond to inquiries from people asking about provision of auxiliary aids and services, including the use of ASL interpreters where needed.
- Periodically audit to ensure that staff are employing auxiliary aids and services to effectively communicate with hearing impaired or deaf residents who use ASL to communicate.
