Dekalb Regional Crisis Center Agrees to Resolve Alleged Violations of the Americans with Disabilities Act

ATLANTA - The U.S. Attorney’s Office for the Northern District of Georgia has reached a settlement agreement with DeKalb Regional Crisis Center (DeKalb Regional), a mental health and addiction facility, to resolve an investigation into allegations that it violated Title II of the Americans with Disabilities Act (ADA) by failing to ensure effective communication with individuals who are deaf and hard of hearing.

“A person who is deaf or hard-of-hearing should be able to participate fully in his or her health care decisions,” said U.S. Attorney John Horn.  “When a deaf patient is unable to understand what is happening during a medical visit or procedure, it can be a terrifying experience and adversely affect the quality of care.  Access to medical care is a fundamental part of our society, and we will continue to devote resources to eradicate barriers to health care for persons with disabilities.”        

An investigation was initiated by a complaint filed with the U.S. Attorney’s Office alleging that, during a 13-day admission, DeKalb Regional failed to provide appropriate auxiliary aids and services when necessary to ensure effective communication for the complainant.  The complainant is deaf and uses American Sign Language as her primary means of communication. The complainant was admitted to DeKalb Regional for mental health treatment.  On numerous occasions during her stay, the complainant alleged that DeKalb Regional failed to provide a qualified sign language interpreter when necessary to ensure effective communication.

Under the settlement agreement, DeKalb Regional agreed to ensure effective communication to patients who are deaf and hard of hearing. In the future, DeKalb Regional agreed to give primary consideration to the expressed preference for a particular auxiliary aid or service by an individual who is deaf or hard of hearing.  Among other things, DeKalb Regional has agreed to provide mandatory in-service training to all its personnel and provide reports to the United States Attorney’s Office regarding its compliance with the settlement agreement. The training will address the needs of deaf and hard-of-hearing patients and companions.  DeKalb Regional also agreed to pay $60,000 to the complainant.

The ADA prohibits discrimination against individuals with disabilities by health care professionals.  Under the ADA, health care providers are required to provide effective communication to individuals who are deaf and hard of hearing.  When complex, lengthy communication is involved, the ADA generally requires health care professionals to provide qualified sign language interpreters for the person who is deaf or hard of hearing.

This agreement is part of the Department of Justice’s Barrier-Free Health Care Initiative, which is a partnership of the Civil Rights Division and U.S. Attorneys’ offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities.  The initiative, launched on the 22nd anniversary of the ADA in July 2012, includes the participation of more than 40 U.S. Attorneys’ offices, including the U.S. Attorney’s Office for the Northern District of Georgia.  Information about the initiative can be found at www.ada.gov/usao-agreements.htm.

Assistant United States Attorney Aileen Bell Hughes and Assistant United States Attorney Emily Shingler are representing the United States in this matter.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.