Backus Hospital settles with government over disability discrimination allegations
The settlement stems from an accusation that the hospital failed to provide timely auxiliary aids and services for a deaf patient.
Photo: Basak Gurbuz Derman/Getty Images
Backus Hospital, a Hartford Healthcare facility based in Norwich, Connecticut, has settled with the federal government over allegations that it discriminated against a deaf patient, according to the U.S. Justice Department and the Department of Health and Human Services.
The settlement stems from an accusation that the hospital failed to provide timely auxiliary aids and services to effectively communicate with a deaf patient during an inpatient stay, which would be in violation of Title III of the Americans with Disabilities Act.
According to the complaint, despite requesting services upon arrival and receiving them during his emergency room stay, the complainant was not provided with an interpreter or video remote-interpreting services at critical points of care during his inpatient stay, and instead had to rely on handwritten notes to communicate with doctors and staff.
WHAT'S THE IMPACT?
Teaming up with the DOJ, HHS' Office for Civil Rights conducted an investigation and review of Backus Hospital's policies and procedures to determine compliance with Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act.
Collectively, these federal civil rights laws prohibit any entity that receives federal financial assistance from discriminating against qualified individuals with disabilities, and requires an entity to take steps to ensure communication with individuals with disabilities is as effective as communication with others through the use of appropriate auxiliary aids and services.
Voluntarily entering into the agreement, Backus Hospital promised compliance with federal law and said it would take steps to ensure the availability of auxiliary aids and services, and to monitor such steps. Additionally, the hospital agreed to $7,500 in compensatory relief for the complainant under the ADA.
"Healthcare providers have a responsibility to provide effective communication, which is a key component to ensuring patients receive quality care," said OCR Director Lisa Pino by statement. "This agreement sends an important message about the importance of eliminating unnecessary barriers to equal treatment for those who are deaf or hard of hearing."
THE LARGER TREND
President Joe Biden's administration has placed a focus on strengthening protections for Americans who are deaf or hard of hearing, exemplified in part by a July executive order that focused in part on providing easier access to hearing aids.
The four largest hearing aid manufacturers now control 84% of the market, according to the order.
The president wants to see hearing aids, now available only through a doctor's visit, available over the counter. In the order, the president directs HHS to consider issuing proposed rules within 120 days to allow hearing aids to be sold over the counter.
"Hearing aids are so expensive that only 14% of the approximately 48 million Americans with hearing loss use them," the order said. "On average, they cost more than $5,000 per pair, and those costs are often not covered by health insurance."
In 2017, Congress passed a bipartisan proposal to allow hearing aids to be sold over the counter. However, under the Trump Administration, the FDA failed to issue the necessary rules that would actually allow hearing aids to be sold over the counter, the order said.
Twitter: @JELagasse
Email the writer: jeff.lagasse@himssmedia.com
