Inova Health System has reached a settlement with the U.S. Department of Justice. Under the agreement, Inova would pay aggrieved former patients at its Fairfax, VA hospital $120,000, another $25,000 in civil penalties, and bolster training to hospital staff on the requirements of the Americans With Disabilities Act and related laws.
The settlement resolves a federal complaint that the health system failed to provide sign language interpreters to a hearing impaired pregnant woman and other deaf people, the Department of Justice announced this week.
The consent decree, which must be approved by a federal judge, also requires Inova to adopt specific policies and procedures to ensure that auxiliary aids and services are promptly provided to patients or companions who are deaf or hard of hearing.
The DOJ lawsuit, filed this week with a consent decree in the U.S. District Court for the Eastern District of Virginia, alleged that because the hospital failed to provide sign language services, deaf patients were denied effective communication with hospital staff, the opportunity to participate in medical treatment decisions, and the full benefit of healthcare services provided by Inova Fairfax Hospital.
"This settlement shows that Inova and the government share the same goal – making sure that deaf and hard of hearing patients can communicate with their doctors, especially at critical moments in their medical care," said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia.
The ADA requires doctors, hospitals and other healthcare providers to provide equal access to patients and companions who are deaf or hard of hearing. When medical services involve important, lengthy or complex oral communications with patients or companions, hospitals are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities.
The appropriate auxiliary aid to be provided depends on a variety of factors, including the nature, length and importance of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual's stated need for a particular type of auxiliary aid.
Inova issued the following statement about the settlement:
Inova Fairfax Hospital is pleased to have resolved a dispute with the Department of Justice and a deaf couple involving accessibility for deaf and hard of hearing patients and their companions. A consent decree negotiated three ways -- between the hospital, the Justice Department, and the deaf couple -- is intended to ensure that the hospital meets the needs of the deaf and hard of hearing community we serve through an improved system to deploy sign language interpreters and assistive technology.
Inova Fairfax Hospital has always been committed to satisfying its duties under the Americans with Disabilities Act, and to making efforts to secure needed interpretive services and other auxiliary aids for patients and their immediate companions in order to ensure clear and effective communication on important healthcare matters. The consent decree represents a favorable outcome for all concerned, taking Inova's commitment a step forward by putting Inova in a position of leadership in serving persons who are deaf or hard of hearing.
Inova looks forward to demonstrating that when a proper patient assessment coupled with appropriate care is undertaken, both the healthcare provider and recipient may anticipate a favorable experience.
John Commins is a content specialist and online news editor for HealthLeaders, a Simplify Compliance brand.