Tufts Medical Center Sued under Title III of the Americans with Disabilities Act (ADA)

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Tufts Medical Center (TMC) is the principal teaching hospital of Tufts University School of Medicine. On 2/28/2020 the US Department of Justice (DOJ) and TMC entered into a settlement agreement to ensure equal access for individuals with disabilities at Tufts’ facilities in Boston, Massachusetts. The agreement resolves a compliance review under Title III of the Americans with Disabilities Act (ADA).

The TMC campus is comprised of sixteen buildings owned or leased by TMC in Boston, Massachusetts, and a parking garage jointly owned by TMC and Tufts University. The DOJ surveyed a representative selection of TMC’s facilities and provided a report to TMC that identified architectural barriers to access and changes it contends are required to bring TMC into compliance with the ADA.

Under the agreement, Tufts will:

• improve the hospital’s policies, practices, and procedures for ensuring effective communication with patients and companions who are deaf or hard of hearing

• provide qualified interpreters for patients and companions, as required

• provide video remote interpreting as required

• ensure that at least 5% of the parking spaces at the parking garage are accessible

• improve physical access to its facilities by removing barriers at public and common use areas

• provide one or more accessible patient rooms for each medical service

• and provide sufficient accessible medical equipment to enable individuals with disabilities to have equal access to medical services.

• designate an “ADA Compliance Officer” who will have the primary authority and responsibility for ensuring that TMC complies with all terms of this Agreement and of the ADA

• designate the ADA Compliance Officer or an appropriate designee to be the Effective Communication Coordinator

• display, in a prominent location on its website, information to assist individuals with disabilities, their families and companions

• post on its intranet detailed contact information for how Hospital Personnel, who are providing services to individuals who are deaf or hard of hearing, may contact the Effective Communication Coordinator, or for other disability related issues, the ADA Coordinator

• provide training to all hospital personnel and active members of the Hospital Medical Staff who have contact with patients as to TMC’s obligations under this Agreement and the ADA

• provide the United States with a detailed final written report, including digital photographs, architectural drawings, and copies of policies and procedures, that demonstrates compliance with the provisions of this Agreement

Assistant Attorney General Eric Dreiband of the Civil Rights Division said “No one with a disability should face unlawful barriers to accessing health care facilities or receiving medical treatment. This agreement reflects the Department’s continued commitment to enforcing the Americans with Disabilities Act to ensure equal access for individuals with disabilities to medical care, and we appreciate Tufts’ full cooperation with the Department throughout the investigation.”

Andrew Lelling, United States Attorney, stated, “This case is a reminder that we still need the basic protections provided by the ADA. This is especially true for the deaf and hard-of-hearing, who often receive too little support when trying to navigate the healthcare system. I commend Tufts for working with us to improve services for patients with disabilities, and we hope this agreement encourages other healthcare providers to review their ADA compliance.”

When this process of remediation is complete it will have taken over 4 years and probably hundreds of thousands of dollars. But this could have been avoided if TMC had taken a pro-active approach to ADA compliance. To read the entire report see Tufts ADA Lawsuit Settlement.

If you observe a building 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.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.