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Justice News

Department of Justice
U.S. Attorney’s Office
Eastern District of Virginia

FOR IMMEDIATE RELEASE
Friday, July 8, 2022

Owners of Skilled Nursing Facilities Agree 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 the owners of Carrington Place of the Tappahannock (CPOT), which is located in Tappahannock. CPOT’s owners also have an interest in 12 other nursing facilities, and the remedial terms of the settlement agreement apply to each of these nursing facilities.

The settlement agreement resolves allegations that CPOT had denied admission to an individual who is deaf because she would need sign language interpreting services while at CPOT. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aid or services, such as a sign language interpreter. In addition to making significant changes to the policies and procedures at their nursing facilities, the owners of CPOT also agreed to pay $40,000 to the resident who it denied admission and a $50,000 civil penalty.

To resolve this complaint, the nursing facilities’ owners agreed to adopt new ADA policies at all 13 of the nursing facilities in which they have an interest: (1) Essex Rehabilitation & Care Center, LLC d/b/a Carrington Place at Tappahannock; (2) Essex Rehabilitation & Care Center, LLC d/b/a Tappahannock Post Acute Care; (3) LA First Street, LLC d/b/a Springhill Post Acute & Memory Care; (4) LA Westfork, LLC d/b/a White Oak Post Acute Care; (5) LA Old Hammond HWY, LLC d/b/a Pines Retirement Center of Baton Rouge; (6) LA Park Manor, LLC d/b/a Lafrenier Assisted Living and Memory Care; (7) Cplace Zachary ALF, LLC d/b/a Oakwood Village; (8) East Lake Rehab & Care Center, LLC d/b/a Trinity Regional Rehab Center; (9) Cplace of St. Pete, LLC d/b/a St. Pete Post Acute Care; (10) Birdmont Health Care, LLC d/b/a Carrington Place at Wytheville; (11) Botetourt health Care, LLC d/b/a Botetourt Post Acute Care; (12) Norfolk Area Senior Care, LLC d/b/a Chesapeake Post Acute Care; and (13) Cambridge Sierra Holdings, LLC d/b/a Reche Canyon Regional Rehab Center.

These policies will make the facilities’ services accessible to individuals with communication disabilities, including those who require the services of a sign language interpreter; require designation of ADA Administrators, who will be responsible for ensuring each facility’s compliance with the ADA; require the facilities to enter into agreements with sign language interpreting service providers to provide services to individuals who need them; and provide training for the facilities’ personnel on the ADA’s effective communication requirements.

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.

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 U.S. Attorney’s Office for the Eastern District of Virginia.

Topic(s): 
Disability Rights
Contact: 
Press Office USAVAE.Press@usdoj.gov
Updated July 8, 2022