Management Company For 48 Skilled Nursing Facilities Agrees to Settle Americans with Disabilities Act Complaint

ALEXANDRIA, Va. – The United States Attorney’s Office announced a settlement agreement under the Americans with Disabilities Act (ADA) with Consulate Management Company, III, LLC (CMC), which manages 48 skilled nursing facilities.

The settlement agreement resolves allegations that a nursing facility managed by CMC had denied admission to an individual who is deaf because she would need sign language interpreting services. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aids or services, such as a sign language interpreter. The remedial terms of the settlement agreement apply to each of the nursing facilities managed by CMC.

To resolve this complaint, CMC agreed to pay $40,000 to the individual that was denied admission and a $50,000 civil penalty. CMC also agreed to make significant changes to the policies and procedures at the nursing facilities it manages. CMC will adopt new ADA policies at all 48 of the nursing facilities it manages. These policies will make the nursing facilities’ services accessible to individuals with communication disabilities, including those who require the services of a sign language interpreter. CMC will also designate an ADA Administrator, who will be responsible for ensuring each facility’s compliance with the ADA; enter into agreements with sign language interpreting service providers to provide services to individuals who need them; and provide training for its personnel on the ADA’s effective communication requirements.

Nursing facilities are an essential component of the healthcare system, as they provide sub-acute healthcare services, including post-hospitalization and long-term care. This settlement agreement ensures that several thousand additional nursing facility beds are accessible to individuals who are deaf or hard of hearing.

The matter was investigated by Assistant U.S. Attorney Steve Gordon, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office. The civil claims settled by this ADA agreement are allegations only; there has been no determination of civil liability.

This office recently circulated a Dear Colleagues Letter reminding healthcare providers of the ADA’s effective communication requirements, identifying common issues that arise in these cases, and providing practical steps that healthcare providers can take to comply with the ADA.  Additionally, the Department of Justice has a number of publications available to assist entities in complying with the ADA, including Effective Communication, and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings.  For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD).

A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. of the U.S. Attorney’s Office for the Eastern District of Virginia.