This is the latest step OCR has taken to enhance access to health and human services for people with disabilities.
Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a settlement with Englewood Ear, Nose and Throat (Englewood) to ensure effective communication and access to services for people who are deaf or hard of hearing. Englewood provides otolaryngology services, including medical and surgical management of problems related to the ear, nose and throat, to adults and adolescents in New Jersey. The settlement is the result of OCR’s investigation of Englewood into allegations that it discriminated against people who are deaf and use American Sign Language as their primary means of communication. Federal civil rights laws prohibit discrimination against people with disabilities, including when it comes to requests for sign language interpreters or escorts to medical appointments. Under the terms of the settlement, Englewood has agreed to take several steps to ensure equal treatment for people who are deaf or hard of hearing.
“People who are deaf or hard of hearing should be able to make medical appointments and be seen by health care professionals just like any other patient,” said OCR Director Melanie Fontes Rainer. “This law is committed to ensuring that people who are deaf or hard of hearing can receive treatment without discrimination and communicate effectively during their doctor’s appointments. Today’s agreement serves as a warning to other health care providers and facilities to prioritize the communication needs of patients and follow the law.”
OCR entered into the agreement based on Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act, which prohibit discrimination on the basis of disability. These laws specifically require health care providers to provide appropriate assistive devices and services to ensure that communication with individuals with disabilities is as effective as communication with others.
Under the terms of the agreement, the Office for Civil Rights will monitor Englewood’s compliance with the law for at least two years. Englewood will agree to, among other measures:
Provide appropriate assistive devices and services free of charge to enable effective communication for individuals who request them; Revise anti-discrimination policies and procedures to clarify how individuals can obtain services; Provide training to staff on federal civil rights law and update training materials to ensure staff are aware of patients’ rights and the hospital’s obligation to provide appropriate services; Inform the public, patients, and Englewood staff of the rights and protections that civil rights law provides regarding non-discrimination in health and human services; Report to OCR on progress in complying with the settlement agreement through a series of compliance reports.
A copy of the voluntary resolution agreement can be found here: https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/agreements/englewood/index.html
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OCR has recently taken several steps to enhance access to health and human services for people with disabilities.
On April 26, 2024, OCR finalized the Section 1557 rule, which strengthens protections against discrimination based on race, color, national origin, sex, age, and disability.
On May 1, 2024, OCR finalized the Section 504 rule, providing the first significant regulatory update in nearly 50 years. Section 504 clarifies and strengthens civil rights protections for individuals with disabilities, addresses discrimination in health care, adds enforceable standards for accessible medical diagnostic equipment, and ensures accessible web content and mobile apps.
To inform citizens of their rights and encourage health care systems to comply with civil rights laws, OCR has several fact sheets, FAQs, and other resources.
Specific resources regarding services for the deaf and hard of hearing can be found here.
If you believe that you or someone else has been discriminated against because of hearing impairment, other disability, race, color, national origin, age, sex, or religion, please file a complaint with the HHS Office for Civil Rights at https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.