Backus Hospital Settles Disability Discrimination Allegations With Government

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Photo: Basak Gurbuz Derman / Getty Images

Backus Hospital, a Hartford healthcare facility based in Norwich, Connecticut, has settled allegations with the federal government that it discriminated against a deaf patient, according to the US Department of Justice and the Department of Health and Human Rights. Social services.

The settlement stems from an accusation that the hospital failed to provide timely aids and ancillary services to communicate effectively with a deaf patient during an inpatient stay, which would be contrary to Title III of the Americans with Disabilities Act.

According to the complaint, although he requested services on arrival and received them during his stay in the emergency room, the complainant did not receive remote interpretation or video interpretation at critical points. care while in hospital, and instead had to rely on handwritten notes to communicate with doctors and staff.

WHAT IS THE IMPACT ?

In conjunction with the DOJ, the HHS Civil Rights Office conducted an investigation and review of Backus Hospital 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 people with disabilities, and require an entity to take steps to ensure that communication with people with disabilities is as effective as communication. with others through the use of appropriate auxiliaries. aids and services.

By voluntarily entering into the deal, Backus Hospital pledged to comply with federal law and said it would take steps to ensure the availability of aids and ancillary services and to monitor these measures. In addition, the hospital agreed to pay the complainant $ 7,500 in compensatory relief under the ADA.

“Healthcare providers have a responsibility to provide effective communication, which is a key element in ensuring patients receive quality care,” OCR Director Lisa Pino said in a statement. “This agreement sends an important message about the importance of removing unnecessary barriers to equal treatment for people who are deaf or hard of hearing.”

THE BIGGEST TREND

President Joe Biden’s administration has focused on strengthening protections for Americans who are deaf or hard of hearing, exemplified in part by a July executive order that was in part intended to facilitate access to hearing aids.

The four largest hearing aid manufacturers now control 84% of the market, according to the ordinance.

The president wants hearing aids, now available only on doctor’s visits, to be available over the counter. In the order, the president asks HHS to consider issuing proposed rules within 120 days to allow over-the-counter hearing aids to be sold.

“Hearing aids are so expensive that only 14% of the estimated 48 million Americans who are hard of hearing use them,” the order says. “On average, they cost over $ 5,000 per pair, and those costs are often not covered by health insurance.”

In 2017, Congress passed a bipartisan proposal to allow the sale of over-the-counter hearing aids. However, under the Trump administration, the FDA did not issue the necessary rules that would actually allow the sale of over-the-counter hearing aids, according to the order.

Twitter: @JELagasse Send an email to the author: [email protected]

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