U.S. Attorney’s Office reaches settlement with Kansas hospital after complaint of disability discrimination

KANSAS CITY, KAN. – The U.S. Attorney’s Office has reached a settlement with a Kansas medical facility to resolve allegations that the hospital failed to reasonably accommodate a deaf patient by not providing a sign language interpreter in violation of the Americans with Disabilities Act of 1990 (ADA), U.S. Attorney Kate E. Brubacher announced today. 

Under the settlement, Prime Healthcare Services – Providence, LLC doing business as Providence Medical Center (“PMC”), located in Kansas City, Kansas, agrees to compensate the aggrieved deaf individual for his inability to effectively communicate with the medical team during his five-day hospital stay. In addition, PMC agreed to change its policies and practices to come into compliance with their obligations under the ADA, which include:

•    providing patients and companions who are deaf or hard of hearing with appropriate auxiliary aids and services that are necessary for effective communication;
•    designating at least one employee as an ADA Administrator or ADA Co-Administrators who will be on call and available twenty-four (24) hours a day, seven (7) days a week to answer questions and provide appropriate assistance regarding auxiliary aids and services including qualified interpreters; 
•    maintaining a log for requests for qualified interpreters on site or through video remote services that documents the time and date the request, patient’s name, the time and date of the scheduled appointment; and
•    establishing a complaint resolution mechanism to investigate disputes regarding effective communication with deaf patients and companions.

“All patients deserve clear explanations about the nature of their diagnosis and medical treatment so they can have a full understanding of their options and make well-informed decisions about their healthcare,” said U.S. Attorney Kate E. Brubacher. “A patient’s disability doesn’t relieve a medical facility and its staff of their obligation to provide effective communication.” 

Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office Civil Rights Unit at https://www.justice.gov/usao-ks/civil-rights or they may call (855) 321-5549.  Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).

The United States is represented by Assistant United States Attorney, Andrea L. Taylor of the U.S. Attorney’s Office in Kansas City, Kansas.

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