HHS Office for Civil Rights resolves disability case with CHI St. Vincent Hot Springs
The hospital is accused of not providing adequate support to a patient with a hearing disability and has agreed to comply with federal law.
Photo: Basak Gurbuz Derman/Getty Images
The Office for Civil Rights at the U.S. Department of Health and Human Services has entered into a Voluntary Resolution Agreement with CHI St. Vincent Hot Springs after the latter was accused of not providing hearing aids to a patient, OCR has said.
The agreement resolves a complaint filed with OCR by an individual, alleging that CHI St. Vincent Hot Springs discriminated against her on the basis of her disabilities when it failed to provide her with appropriate auxiliary aids to ensure effective communication during her visit to the emergency department September 1, 2019.
OCR found this to be in violation of Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act.
CHI St. Vincent Hot Springs is a faith-based, nonprofit hospital with more than 280 licensed beds serving Hot Springs, Arkansas, and the surrounding communities.
WHAT'S THE IMPACT?
Collectively, Section 504 and Section 1557 prohibit any entity that receives federal financial assistance from discriminating against qualified people with disabilities and requires an entity to take steps to ensure that communication for persons with those with disabilities is as effective as communication with others through the use of appropriate auxiliary aids and services.
"Effective communication is particularly critical in healthcare settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment," said OCR Director Melanie Fontes Rainer. "Providers must understand their obligations under law and have in place protocols to ensure that staff know how to obtain interpreter services and other communication aids and services when needed by persons who are deaf or hard of hearing."
As a result of the investigation, CHI St. Vincent Hot Springs voluntarily entered into an agreement and affirmed that it will comply with all provisions of Section 504 and Section 1557.
OCR said it has resources for hospitals and healthcare providers to help ensure effective communication with their patients including auxiliary aids and services, as well as charts and sign language interpreters.
The agency framed the action as part of a larger administration effort to improve accessibility and inclusion.
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 by a 2021 executive order that focused in part on providing easier access to hearing aids.
The president wanted hearing aids, now available only through a doctor's visit, to be attainable 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
