Toledo hospital agrees to improve access and services to those who are deaf or hard of hearing

The ProMedica Toledo Hospital will revise its policies and procedures that ensure that patients or  companions who are deaf or hard of hearing  receive auxiliary aids and services to obtain effective communication during treatment, as well as train its staff on effective communication as required by Americans with Disabilities Act, said U.S. Attorney Steven M. Dettelbach.

ProMedica entered into the settlement to resolve an investigation pursuant to Title III of the Americans with Disabilities Act, conducted by the U.S. Attorney’s Office for the Northern District of Ohio. This hospital will also pay $10,000 to the complainant and $5,000 to the United States in a civil penalty.  

“This settlement will ensure greater access to health care for those who are deaf or hard of hearing,” Dettelbach said. “Whether it is at arenas or apartment buildings or at health-care facilities, we will continue to enforce the Americans with Disabilities Act, which has improved the lives of countless Americans.”

The investigation began with a complaint made to the U.S. Attorney’s Office alleging that ProMedica Toledo Hospital violated the ADA by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to a patient who is deaf during critical interactions relating to the complainant’s medical care. 

The complaint also included an allegation of retaliation when ProMedica’s Center for Women’s Health allegedly refused services to the complainant’s minor daughter during the course of the United States’ investigation.

Ensuring that medical care providers do not discriminate on the basis of disability is an issue of general public importance.  The U.S. Attorney’s Office is authorized to investigate allegations of violations of the ADA and takes complaints from the public.  The U.S. Attorney’s Office has the authority to, where appropriate, negotiate and secure voluntary compliance agreements, and to bring civil actions enforcing title III of the ADA should it fail to secure voluntary compliance. 

A medical care facility that is a private, non-profit corporation, licensed by the State of Ohio is a “public accommodation” within the meaning of title III of the ADA.  Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation.