Wednesday, July 19, 2006
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Analysis :
This content decree makes this case a national landmark case for two reasons.
For the first time, a Deaf or Hard of Hearing patient has a choice in what communication mode the person wants to engage, interpreter or video remote interpreting (VRI), or whatever the patient is most comfortable using. The VRI cannot be forced on the deaf patient against his wishes. Many hospitals prefer VRI because it is cheaper, but it has a lot of shortcomings, so sometimes, especially in serious emergency conditions, it may not be the best choice. In the past, whenever the deaf patients complained about being forced to use VRIs against their will, the hospitals always insisted that VRI meets the requirements of the ADA. The hospitals can no longer use that excuse as Dept of Justice now formally acknowledges the limitations of VRIs and that, in some circumstances, the use of VRI violates the spirit of ADA itself. With this contest decree, the Dept of Justice recognizes the right of the Deaf and HoH patient or a family member to make the best decision to meet the deaf/hoh person's communication needs.
The quality of the VRI is standardized, meaning all hospitals in this country must follow a strict code of high quality VRI. That has never been done before, either. In the past, even if VRI equipment was faulty, the hospitals have always asserted that they tried their best and it wasn't their fault if the video equipment or the Internet started having problems. It was not their fault that the staff personnel wasn't trained enough to work with the VRI. It was not their fault that the VRI reception was lousy. Etc etc. The Dept of Justice states with this Contest Decree, it is the hospital's responsibility to make sure the VRI equipment and the VRI reception go smoothly and they cannot get away anymore if they don't make sure their VRI system works properly. This is the first time the Dept of Justice holds the hospitals to maintain a high quality standard of VRIs.For the first time, Deaf Patients have the right to demand an interpreter over VRS in a hospital
To: National Desk
Contact: The U.S. Department of Justice, 202-514-2007 or 202-514-1888 (TDD); Web: http://www.usdoj.gov
WASHINGTON, July 14 /U.S. Newswire/ -- The Department of Justice today announced a comprehensive consent decree under the Americans with Disabilities Act (ADA) with Laurel Regional Hospital, a community hospital serving the Maryland suburbs of Washington. The hospital has agreed to ensure effective communication with patients or companions who are deaf or hard of hearing.
"Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment," said Wan J. Kim, assistant attorney general for the Civil Rights Division. "I commend the Laurel Regional Hospital for working with us, and I hope that this agreement will be a model for other hospitals to make certain that individuals who are deaf or hard of hearing have the same access to medical care and treatment."
The consent decree, filed in federal court in Greenbelt, Md., resolves allegations that on several occasions the hospital did not appropriately respond to requests to provide qualified sign language interpreters or other auxiliary aids for patients or companions. For example, the department's complaint alleged that the hospital refused to communicate with a deaf woman whose son, an emergency department patient, was in and out of consciousness and that a former patient who was discharged did not understand her diagnosis or treatment recommendations and, which resulted in her being rushed to another hospital shortly thereafter to receive medical treatment there.
Today's agreement in Gillespie and United States v. Dimensions Health Corporation resolves a lawsuit by several individual plaintiffs, in which the Department of Justice intervened.
Under the decree, the hospital will assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis, and treatment; provide auxiliary aids, when needed, to companions as well as to patients; and meet certain standards for video interpreting services, including high-quality, clear, delay-free, full-motion video and audio over a dedicated high-speed Internet connection.
This is the department's first agreement that includes criteria for video interpreting services (videophones). Through these services, which are becoming more frequently used in various settings, an off-site interpreter appears through video conference technology over high-speed Internet lines. These services must be carefully monitored in hospital settings where, for example, patients with certain medical conditions or injuries may not be able to use their arms or be positioned appropriately to view the screen or to perform sign language.
"Effective communication is particularly critical in the health care setting," said Rod J. Rosenstein, U.S. attorney for the District of Maryland. "We are committed to ensuring that individuals with disabilities or their families are not subjected to unequal treatment because of poor communication with medical personnel about their symptoms, diagnoses and treatment."
Title III of the ADA applies to private entities such as hospitals and other medical care facilities and, among other things, requires that private entities such as hospitals ensure effective communication with persons with speech, hearing, and vision impairments.
People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website at http://www.ada.gov
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