Suit Claims Utah Healthcare Provider Failed to Provide American Sign Language Interpreter
A deaf patient of a Utah healthcare provider is claiming that the facility is not meeting the requirements of the Americans with Disabilities Act (ADA) and the Affordable Care Act due to its failure to provide an American Sign Language Interpreter during her visits. The woman claims that she gave two-weeks-notice previously and asked for an in-person interpreter. Instead of an in-person interpreter, the facility provided a remote interpreter via a live video connection. The woman says that she was not able to see the interpreter due to the size of the screen and that the signs were unclear. She also said that the device repeatedly malfunctioned.
The woman is not the only deaf patient alleging discrimination. There are several other deaf patients making the same claim against the healthcare provider.
Despite her repeated requests for an in-person interpreter and her concern that the quality of her care might be compromised, the woman says the facility continues to try to use the device and the remote interpreter.
According to the ADA, health care providers have a duty to provide appropriate auxiliary aids and services when necessary to ensure that communication with people who are deaf or hard of hearing is effective. 28 C.F.R. § 36.303(c).
Video remote interpreting (VRI) is a fee-based auxiliary service that uses video conferencing technology to access an off-site interpreter to provide real-time sign language or oral interpreting services for conversations between hearing people and people who are deaf or have hearing loss. However, VRI is not effective in all circumstances. For example, it will not be effective if the person who needs the interpreter has difficulty seeing the screen (either because of vision loss or because he or she cannot be properly positioned to see the screen because of an injury or other condition). In these circumstances, an on-site interpreter may be required.
Compliance Perspective
Failure of a healthcare provider to provide an effective interpreter, whether in-person or via video conferencing technology, to assist a deaf patient or resident during communication exchanges about his/her healthcare condition and/or treatment may be considered a violation of the Americans with Disabilities Act (ADA) and might be considered substandard quality of care, in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the provision of interpreters for patients or residents with hearing, vision, or speech impairments or language differences.
- Train staff to observe for a patient’s or resident’s need for assistance, either through an in-person interpreter or via an auxiliary aid, when communicating important healthcare information regarding the person’s condition or treatment.
- Periodically audit to observe if patients or residents need an interpreter or other auxiliary aid or device and if access is being provided when necessary.
