Health Care Accessibility: ‘A Matter of Civil Rights’

On March 28, 2012, the Department of Justice filed a settlement under the Americans with Disabilities Act with Trinity Health Systems to ensure that the Trinity Regional Medical Center provides effective communication to individuals who are deaf or hard of hearing — including a settlement of $198,000 to the aggrieved individuals and a $20,000 civil penalty.

The complaint, filed in 2009, alleged that alleging that the Medical Center had inadequate mechanisms in place to ensure good communication between hospital personnel and deaf patients.

“Trinity failed to provide deaf individuals with sign language interpreters that were needed to communicate effectively with health care providers,” a statement released by the Justice Department said. “The lawsuit also alleged that Trinity relied on a seven-year old girl to serve as a sign language interpreter for her deaf mother.”

As a result of the failure to provide effective communication, deaf patients could not understand medical instructions, were confused about medical procedures and were forced to wait long periods of time without being able to communicate with medical staff, according to the complaint.

As part of the settlement, the hospital is also required to provide training to staff on the requirements of the ADA, and adopt specific policies and procedures to ensure that auxiliary aids and services are promptly provided to patients or companions who are deaf or hard of hearing. Medical centres should have the appropriate devices to allow them to effectively communicate with people with hearing troubles. Perhaps the medical centre might want to look at some of these hearing amplifiers reviews to make sure the patients and staff can converse clearly in future. This sort of equipment should be provided for patients.

With new 2010 Americans with Disabilities Act (ADA) standards in effect, now is a good time to focus on the standards to avoid the many negative consequences of incompliance, according to officials from Disability Access Consultants, an Oroville, Calif.-based consulting and software firm focused on ADA compliance.

The latest data from the U.S. Census Bureau shows that 54 million people in the U.S. are disabled – representing about 19 percent of the population.

Of the 54 million, five percent are aged five to 17, 10 percent are aged 18 to 64, and 38 percent are adults 65 and older, according to the 2008 American Community Survey.

The Americans With Disabilities Act, signed into law on July 26, 1990, includes any impairments for physical, cognitive, visual and hearing, along with medical conditions like diabetes.

As a way to prevent lawsuits and audits from the Department of Justice, which can result in fines and lawsuits, the Act requires facilities to meet compliance goals of making programs, good and services accessible to all.

The Act includes five titles, each applying to different kinds of facilities. Title 2 of the Act pertains to hospitals — particularly those that receive federal funding.

Though there are a number of different systems outlining ADA measures — including state building codes, which may vary from federal standards — a provision in the act requires a facility to comply with the most stringent requirements.

Complying with ADA entails reviewing policies and procedures to minimize risk, a public input process, developing a transition plan and meeting federally requirements for funding.

“It’s not a building code, it’s a matter of civil rights,” said Barbara Thorpe, president of Disability Access Consultants.

Beyond interior spaces, the ADA requirements also apply to employee and visitor parking, barriers like shrubs and trees, trash cans and grates no more than half an inch.

Thorpe listed a number of reasons to comply with the requirements: ligitation costs, meeting the legal requirement for federal funding, and in general, “it’s the right thing to do.”

Additional costs include damage awards and public relations issues.

Despite its strict requirements, however, the ADA requirements can be applied to facilities in their entirety, not to every room.

Thorpe also emphasized not relying on architects to meet the requirements — instead, a facility should have an ADA coordinator with a mandated job description to ensure the facility is up to code.