ADA Inspections Nationwide, LLC
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ADAIN Blog

by Richard Acree of ADA Inspections Nationwide, LLC

Carilion Roanoke Memorial Hospital Sued by DOJ for ADA Discrimination Against Deaf

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SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND CARILION ROANOKE MEMORIAL HOSPITAL

Carilion Roanoke Memorial Hospital (RMH) was sued by the United States Department of Justice (DOJ) after a complaint from four (4) people, three (3) of whom are deaf, who alleged that RMH personnel failed to provide sign language interpretive services when necessary to ensure effective communication with the four Complainants.

In three separate instances the Complainants requested an auxiliary aid or service of a qualified sign language interpreter to facilitate their visit to RMH. In each instance RMH failed to provide appropriate auxiliary aids or qualified interpretive services to meet the needs of the Complainants.

As a result of this settlement, RMH is required to do the following:

  • RMH will develop a Model Communication Assessment Form within sixty (60) days of the Effective Date of this Agreement to be used at RMH.

  • RMH will designate at least one employee as an ADA Administrator or ADA Co-Administrators.

  • At least one ADA Administrator, or his or her designee, who has the requisite knowledge and understanding of the ADA and RMH’s ADA policies and procedures, will be on site or on call twenty-four hours a day, seven days a week, to answer questions and provide appropriate assistance regarding immediate access to, and proper use of, the appropriate auxiliary aids and services, including qualified interpreters.

  • RMH will maintain a log in which requests for qualified interpreters on site or through video remote services will be documented.

  • RMH will establish a complaint resolution mechanism for the investigation of disputes regarding effective communication with Patients and Companions who are deaf or hard of hearing.

  • All appropriate auxiliary aids and services required by this Agreement will be provided free of charge to the Patient or Companion who is deaf or hard of hearing.

  • RMH will take appropriate steps to ensure that all RMH personnel are made aware of a Patient or Companion’s disability and auxiliary aid and services needed so that effective communication with such person will be achieved.

  • Within thirty days after execution of this Agreement, RMH will identify one or more interpreter services and will make appropriate arrangements with said services to provide qualified on site interpreters as well as VRI services at the request of RMH.

  • As soon as RMH personnel have determined that a qualified interpreter is necessary for effective communication with a Patient or Companion who is deaf or hard of hearing, RMH will inform the Patient or Companion (or a family member or friend, if the Patient or Companion is not available) of the current status of efforts being taken to secure a qualified interpreter on his or her behalf.

  • RMH shall publish on its intranet a policy statement regarding the RMH’s policy for effective communication with persons who are deaf or hard of hearing.

  • RMH will provide mandatory training for the ADA Administrator(s).

  • RMH will provide mandatory annual in-service training to all RMH Personnel.

  • Beginning six months after the Effective Date of this Agreement and every six months thereafter for the entire duration of the Agreement, RMH will provide a written report (Compliance Report) to the U.S. Attorney’s Office regarding the status of its compliance with this Agreement.

  • RMH will send three checks to the Complainants ranging from $2500 - $6500.

SUMMARY:

This Agreement will be in effect for two years from the Effective Date. The terms of this Agreement are significant in time and expense of the actions to be taken by RMH. Entities that are unable or unwilling to comply with the ADA Standards are liable for damages from discrimination against the disabled. For the complete Agreement please see Carilion Roanoke Memorial Hospital Sued by DOJ for ADA Discrimination Against Deaf.

If you observe a building or entity that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

Thank you.