Barrier-Free Health Care Initiative

Press Release (April 13, 2013)

Press Release (July 26, 2012)

Through the Barrier-Free Health Care Initiative, U.S. Attorneys' offices across the nation and the Department's Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities – access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that will include effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.

The Civil Rights Division and U.S. Attorneys' offices have long enforced the ADA in this area. This nationwide initiative seeks to focus and leverage the Department's resources together and aggregate the collective message that disability discrimination in health care is illegal and unacceptable.

Swedish Medical Center First Hill Hospital Settlement Agreement – Resolution of three allegations that a hospital located in Seattle, Washington, failed to provide effective communication, including sign language or tactile interpreters during medical appointments or care, surgical consultations, surgery, and/or pre- and post-operative surgical portions of the patient ’s medical care. The agreement includes providing interpreters in a timely manner; providing a communication assessment form to the patient or companion who is deaf, hard of hearing, or deaf-blind at the time an appointment is scheduled or upon arrival to the hospital; recording the need for auxiliary aids and services in a log and taking appropriate steps to ensure the appropriate staff are aware of the need for effective communication; designation of an ADA Communication Services Designee; creation of a complaint resolution mechanism for the investigation of disputes regarding effective communication; notice to patients and companions of the effective communication policy on both the website, the patient rights publication, intranet, and the signage around the hospital; documentation of all requests for interpreters; training staff; submission of bi-yearly compliance reports to the Department for review; $50,000 in compensatory damages for the first complainant; $10,000 in compensatory damages for the first complainant’s companion; $15,000 in compensatory damages for the second complainant; $15,000 in compensatory damages for the third complainant; and $50,000 in civil penalty to the United States. (11/25/2020)

Massachusetts General Hospital -- Resolves complaint that the Hospital denied eligibility for a lung transplant to a patient because he was being treated with Suboxone, a medication prescribed for his recovery from opioid use disorder (OUD). The settlement agreement requires MGH to revise its non-discrimination policy to include OUD, conduct ADA training for transplant medial staff, and provide monetary relief to the complainant and his mother, who was his transplant support person. (7/30/2020)

Riverside Medical Clinic -- Resolution of an allegation that a medical provider in Riverside County, California, failed to provide effective communication to a patient who is deaf, specifically by repeatedly declining to provide the patient auxiliary aids and services other than video remote interpreting (VRI) services even though the medical provider’s VRI failed to work, and required the patient to provide her own interpreter appointments. The agreement includes the designation of an ADA coordinator, written notice to employees and public of the effective communication policy, training staff, maintenance of a complaint log, maintenance of an attendance log for trainings, submission of yearly report to the Department, $5,000 to Complainant for compensatory damages, and $1,000 as a civil penalty. (6/3/2020)

Midwest Plastic Surgery Center -- Resolution of an allegation that a healthcare provider in Hinsdale, Illinois, declined to perform an elective surgery because the patient had HIV.  The agreement includes enforcement of the existing non-discrimination policy, notice on the website and in the office of the non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, maintenance of a file for each potential client that was not accepted as a patient and all those involved in the decision to not accept the individual for at least two years, and $25,000 in compensatory damages for the individual. (5/7/2020)

Walgreen Company-- Resolution of an allegation that Walgreens, a nationwide retail store and pharmacy chain, refused to provide a flu shot to an individual with HIV at a store in Las Vegas, Nevada.  The agreement includes a commitment not to discriminate, revisions to its annual training of pharmacists, $24,000 in compensatory damages to the individual, and $15,000 as a civil penalty.  (3/27/20)

Tufts Medical Center -- Resolves compliance review of physical and communication access to hospital facility.  The settlement agreement requires the respondent to remove barriers at public and common use areas, provide additional accessible patient rooms, and improve effective communication for individuals who are deaf or hard of hearing by adding new policies and procedures.  (2/28/20)

Dr. Javier Rios -- Resolution of an allegation that a doctor in Lake Elsinore, California, failed to provide auxiliary aids and services, including a qualified sign language interpreter, to ensure effective communication with an individual who is deaf.  The agreement includes adoption of a model assessment of communication needs of patients and companions, training of staff, maintenance of an auxiliary aid and service log, establish and maintain a list of qualified interpreters and establish internal procedures for ordering interpreting services that are consistent with the interpreter or interpreter agencies’ procedures, notice to community of the policy to provide auxiliary aids and services, annual reports to the Department, written notification to the Department of future additional complaints, $5,000 in compensatory damages for the individual, and $1,000 as a civil penalty.  (2/11/2020)

Kaiser Foundation Hospitals -- Resolution of an allegation that a healthcare provider in Los Angeles, California, failed to provide auxiliary aids and services, including a qualified sign language interpreter, to ensure effective communication with an individual who is deaf. The agreement includes modification of policies to meet the communication needs of patients and companions; designation of one or more Diversity Coordinator/s, who shall provide appropriate assistance regarding immediate access to appropriate auxiliary aids and services necessary for effective communication, including qualified interpreters; training of staff; maintenance of an auxiliary aid and service log; implementation of a grievance resolution mechanism for the investigation of complaints regarding effective communication; development and continuance of contracts with at least one interpreter agency that can provide qualified on-site interpretation services and data collection on interpreter response time; notice to the community of the healthcare provider’s policy to provide auxiliary aids and services; annual reports to the Department; written notification to the Department of future complaints; $17,000 in compensatory damages for the individual; and $3,250 as a civil penalty. (2/7/2020)

O.C. Medical Aesthetics -- Resolution of an allegation that a California provider of cosmetic medical procedures refused to provide laser hair removal services to a customer with HIV, including adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, annual reports to the Department, written notification to the Department of future complaints, $12,000 in compensatory damages for the individual, and $6,000 as a civil penalty.  (1/28/2020)

Lawrence + Memorial Hospital --  Resolution of an allegation that a hospital in New London, Connecticut, failed to provide auxiliary aids and services, including a qualified language interpreter, to ensure effective communication with an individual who is deaf.  The agreement includes adoption of a model assessment of communication needs of patients and companions, designation of an Assistive Device Point Person, training of staff, maintenance of an auxiliary aid and service log, implementation of a grievance resolution mechanism for the investigation of complaints regarding effective communication, notice to the community of the hospital’s policy to provide auxiliary aids and services, annual reports to the Department, written notification to the Department of future complaints, and $8,500 in compensatory damages for the individual.  (1/17/2020)

William Beaumont Hospital Settlement Agreement -- re: provision of auxiliary aids and services, including sign language interpreters, to patients and companions who are deaf to ensure effective communication at 3 hospitals and 31 affiliated health care facilities (11/13/19)

Intermountain Health Services Settlement Agreement -- re: barrier removal at hospital facility (10/28/19)

AFC Urgent Care Norwalk -- Resolution of an allegation that a healthcare provider in Norwalk, Connecticut, refused to provide a school physical to a child with developmental disabilities.  The agreement includes adoption of a nondiscrimination policy; creation of a patient grievance process; posting of a notice of the nondiscrimination policy in the reception or waiting area and wherever a Patient’s Bill of Rights is required, as well as on the homepage of the healthcare provider’s website; providing training to all employees, staff, members, and other individuals who interact with patients that will include information on effective communication; and $2,500 in compensatory damages for the individual.  (10/3/2019)

The Hazelden Betty Ford Foundation Settlement Agreement -- re: inpatient rehabilitation facility to remove barriers to access for individuals with mobility impairments (6/28/19)

ProMedica Health Systems -- re: provision of appropriate auxiliary aids and services, including qualified sign language interpreters, to persons who are deaf or hard of hearing to ensure effective communication (6/14/19)

Thomas Jefferson University Hospitals, Inc. Settlement Agreement -- re: imaging facilities to ensure equal access to services whether by appointment or walk in (4/18/19)

Carilion Roanoke Memorial Hospital Settlement Agreement -- re: resolves complaints that Carilion Roanoke Memorial Hospital failed to provide effective communication, including sign language interpreters, to patients who are deaf or hard of hearing.  The Settlement Agreement requires the Respondent to modify its policies and procedures to provide effective communication, provide training to staff, and compensate the complainants with money damages.  (12/5/18)

Charlotte Radiology Settlement Agreement -- re: to ensure equal access to individuals with mobility impairments (8/13/18)

Washington State Health Care Authority Settlement Agreement -- re: an agreement to greatly improve method of administering sign language interpreters for Medicaid appointments (6/12/18)

Astria Health Settlement Agreement -- re: provision of auxiliary aids and services to ensure effective communication for patients at medical facilities operated by Astria Health (1/17/18)

Bhupinder S. Mangat, M.D. and Seminole Neurology Associates, P.A. -- re: provision of auxiliary aids and services to ensure effective communication for patients at the professional office of a healthcare provider (12/1/17)

Highline Medical Center -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf or hard of hearing to ensure effective communication at a hospital (8/22/17)

Aurora Health Care Settlement Agreement -- re: denial of medical treatment to two patients with HIV (7/21/17)

Overlake Medical Center Settlement Agreement -- re: re: provision of auxiliary aids and services, including sign language interpreters, to patients and companions who are deaf to ensure effective communication in a hospital (1/23/2017)

John Dempsey Hospital (part of the University of Connecticut Health Center) Settlement Agreement -- re: provision of auxiliary aids and services, including sign language interpreters, to patients who are deaf to ensure effective communication in a hospital that is part of a state university health center (1/3/17)

Arlington County Sheriff Settlement Agreement -- re: effective communication for persons who are deaf or hard of hearing detailed in Sheriff Department’s detention and corrections system (11/16/16)

City of NY and Richmond University Medical Center Statement of Interest (Word) | PDF -- re: failure to provide qualified sign language interpreters and other auxiliary aids and services to ensure effective communication  to mother who is deaf when her son was being treated in the hospital’s emergency room (9/26/16)

Arrowhead Regional Medical Center Settlement Agreement -- re: provision of auxiliary aids and services, including sign language interpreters, to patients and companions who are deaf to ensure effective communication in a hospital (7/2016)

Pain Management Care, P.C. -- re: denial of medical treatment by pain management doctor because the patient has HIV (4/7/16)

Complaint (4/7/16)

Dr. William Sher -- re: doctor’s refusal to perform a biopsy on a patient after learning the patient has HIV (3/9/16)

Grady Memorial Hospital -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf or hard of hearing to ensure effective communication at a hospital (1/12/16)

North Florida OB/GYN Associates, P.A. -- re: gynecologist’s denial of tubal ligation to female patient because of her HIV status in violation of Title III of the ADA (1/7/16)

Promedica Toledo Hospital -- re: provision of auxiliary aids and services to ensure effective communication for patient at a hospital (12/23/15)

Dekalb Regional Crisis Center -- re: provision of auxiliary aids and services to ensure effective communication for companions at a crisis mental health treatment center (8/11/15)

Srinivas Mukkamala, M.D., P.L.C. -- re: provision of auxiliary aids and services to ensure effective communication for patients at the professional office of a healthcare provider (July 14, 2015)

Arshad Pervez, M.D.: re: provision of auxiliary aids and services to ensure effective communication for patients at the professional office of a healthcare provider. (July 14, 2015)

Fairfax Nursing Center, Inc: -- re: provision of auxiliary aids and services to ensure effective communication for companions of patient at skilled nursing facility (July 6, 2015)

Dentex Dental Mobile, Inc. -- re: discriminatory denial of dental care due to HIV and improper referral of a patient with HIV by mobile dental clinic in violation of Title III of the ADA (March 13, 2015)

St. Francis Hospital and Medical Center -- re: the HHS Office for Civil Rights and the US Attorney’s Office for the District of Connecticut provision of auxiliary aids and services to ensure effective communication for deaf and hard of hearing patients at St. Francis Hospital and Medical Center patients at St. Francis Hospital and Medical Center (February 13, 2015)

Genesis Healthcare System -- re: primary care physician's discriminatory denial of care due to HIV and improper referral of patients with HIV in violation of title III of the ADA (January 15, 2015)

Franciscan St. James Health -- re: provision of auxiliary aids and services to ensure effective communication for patients at two hospitals (December 3, 2014)

Swedish Edmonds Hospital -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf or hard of hearing to ensure effective communication at a hospital (October 14, 2014)

Associated Foot & Ankle Centers of Northern Virginia, PC -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication in specialty medical care offices (October 9, 2014)

Dr. Hal W. Brown and Primary Care of the Treasure Coast -- re: adoption of effective communication and non-retaliation policies in family medical practice (August 29, 2014)

Dr. Peter Chang-Sing, M.D., F.A.C.C. -- re: provision of sign language interpreters and other auxiliary aids in a specialist medical practice (July 22, 2014)

Wade W. Han, M. D. and Florida Ear Nose Throat and Facial Plastic Surgery Center -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication in specialty medical care offices (April 18, 2014)

Commonwealth Health & Rehab Center-- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a skilled nursing facility (March 24, 2014)

Rite Aid of Michigan, Inc. -- re: pharmacist’s denial of flu shot to customer because of his HIV status. (February 4, 2014)

Virginia Psychiatric Company, Inc. d/b/a Dominion Hospital – re: provision of auxiliary aids and services, including sign language interpreters, to patients and companions who are deaf to ensure effective communication in a psychiatric hospital (September 6, 2013)

The Heart Center of Memphis -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication in specialty medical care offices (June 27, 2013)

Midtown Neurology, P.C. -- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a doctor's office (June 26, 2013)

Burke Health and Rehabilitation Center- re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a skilled nursing facility (May 3, 2013)

Monadnock Community Hospital - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a hospital
(April 5, 2013)

Manassas Health and Rehab Center – re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a skilled nursing facility
(April 5, 2013)

Gainesville Health and Rehab Center -re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a skilled nursing facility (April 5, 2013)

Center for Orthopaedic and Sports Medicine, Inc. - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a rehabilitation center (April 5, 2013)

Northern Ohio Medical Specialists - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a doctor's office (April 5, 2013)

Glenbeigh - re: settlement regarding exclusion of an individual from an alcohol treatment program because of the side effects of his HIV medication (March 13, 2013)

Woodlawn Family Dentistry - re: dentist office's unequal treatment of people with HIV in the scheduling of future dental appointments (February 12, 2013)

Castlewood Treatment Center - re: eating disorder clinic's refusal to treat a woman for a serious eating disorder because she has HIV (February 6, 2013)

Fayetteville Pain Center - re: unlawful exclusion of a person with HIV from treatment (January 31, 2013)

Northshore University Healthsystems - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a hospital (June 28, 2012)

Steven Senica, M.D., and Senica Bruneau, Ltd. - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a doctor's office (June 11, 2012)

Richard Noren, M.D., Henry Kurzydlowski, M.D., and Pain Care Consultant, Inc. - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a doctor's office (April 3, 2012)

Trinity Regional Medical Center and Trinity Health Systems - re: provision of auxiliary aids and services, including sign language interpreters, to persons who are deaf to ensure effective communication at a hospital (March 29, 2012)

Henry Ford Health System - re: providing appropriate auxiliary aids and services, including sign language interpreters, to persons who are deaf or hard of hearing throughout the hospitals and medical facilities of a regional health care system (February 1, 2012)

Cheshire Medical Center, Keene Health Alliance, and Dartmouth-Hitchcock Clinic D/B/A Dartmouth-Hitchcock Keene - re: consent decree to provide appropriate auxiliary aids and services, including sign language interpreters, to persons who are deaf or hard of hearing at a hospital (October 31, 2011)

U.S. Attorney Program for ADA Enforcement

For more than 15 years, U.S. Attorneys have been a critical force multiplier with the Civil Rights Division in enforcing the ADA through the U.S. Attorney Program for ADA Enforcement with the Disability Rights Section.   Eighty-four U.S. Attorneys’ offices across the Nation currently participate in this critical and unique partnership effort and have resolved hundreds of matters involving core issues ranging from accessible voting, access to places of public accommodation and state and local governmental facilities, and discriminatory policies, practices and procedures. 

Offices of the United States Attorneys:
https://www.justice.gov/usao/
https://www.justice.gov/usao/about/offices.html