Introduction
The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) continues to lead efforts to strengthen access to health and human services for people with disabilities. OCR announced a pivotal settlement with Englewood Ear Nose and Throat (Englewood) to ensure effective communication and equal access for individuals who are deaf or hard of hearing. Englewood, based in New Jersey, provides specialized otolaryngology services for adults and adolescents.
Ensuring Effective Communication
This settlement arose from an OCR investigation into allegations that Englewood discriminated against deaf individuals who use American Sign Language (ASL) as their primary means of communication. Federal civil rights laws mandate that healthcare providers must not discriminate against individuals with disabilities and must provide necessary aids, such as sign language interpreters.
OCR Director Melanie Fontes Rainer emphasized, “Individuals who are deaf or hard of hearing should be able to schedule medical appointments and be seen by medical professionals just as easily as any other patient. Today’s agreement puts other health care providers and facilities on notice to prioritize the communication needs of their patients and follow the law.”
Terms of the Agreement
Under the settlement, Englewood has committed to several actions to comply with Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act, which prohibit discrimination based on disability. Key commitments include:
- Free Auxiliary Aids and Services: Englewood will provide necessary auxiliary aids and services at no cost to ensure effective communication for those who request them.
- Policy Revisions: Non-discrimination policies and procedures will be revised to clearly outline how individuals can obtain services.
- Staff Training: Englewood will train its personnel on federal civil rights laws and update training materials to ensure staff awareness of patients’ rights and the hospital’s obligations.
- Public Notifications: Notices about the rights and protections under civil rights laws will be prominently displayed for the public, patients, and Englewood personnel.
- Compliance Reporting: Englewood will report its compliance progress to OCR through a series of compliance reports.
OCR will monitor Englewood for at least two years to ensure compliance with the agreement.
Strengthening Disability Protections
This settlement is part of a broader effort by OCR to enhance access to health and human services for people with disabilities. Recent actions include:
- Finalized Section 1557 Rule (April 26, 2024): Strengthens protections against discrimination based on race, color, national origin, sex, age, and disability.
- Finalized Section 504 Rule (May 1, 2024): Updates civil rights protections for people with disabilities, including standards for accessible medical diagnostic equipment and web content.
This resolution signifies a critical step towards ensuring that all individuals, regardless of their disability, have equal access to healthcare services. Visit the HHS resolution page to see the complete agreement.
