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The steps taken by the D.C. Department of Health close a complaint filed with OCR by a hearing impaired Medicaid client and an area civil rights organization representing hearing impaired persons. The complaint alleged that the department discriminated against hearing impaired clients on the basis of disability by not providing effective communications, including sign language interpreter services, to hearing impaired individuals who were attempting to receive Medicaid-funded services in individual physician offices.

Policies and practices resulting in hearing impaired clients not having an equal opportunity to participate in and benefit from programs receiving federal funds violate Section 504 of the Rehabilitation Act of 1973. OCR enforces Section 504, which prohibits discrimination on the basis of disability. In addition, under Title II of the Americans with Disabilities Act, state and local governments are obligated to ensure their programs and activities are accessible to persons with disabilities. OCR enforces Title II for state and local government health and social service programs.

"Low income District residents with hearing impairments should have the same opportunity as everyone else to communicate with their health care provider," said Thomas Perez, Director of OCR. "We are very pleased with the steps the D.C. Department of Health has taken in delivering Medicaid services to its hearing impaired clients. This is a model for other government agencies to follow."

The D.C. Department of Health agreed to contract with a local sign language interpreter program to provide interpreter services in the offices of primary care physicians. A purchase order has been signed with Graham Staffing in the District of Columbia. The department then established procedures for doctors who participate in the Medicaid program to contact Graham Staffing when they treat hearing impaired patients. All costs for the interpreter service are being absorbed by the D.C. Department of Health. Information regarding these procedures has been sent to various organizations within the deaf and hearing impaired community.

At the end of the contract year the D.C. Department of Health will provide OCR with information on the number of persons served and the level of use by physicians and other primary health care providers. OCR will continue to monitor compliance with this agreement.

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