Release Date: Wednesday – May 3, 2023
Archive Episode 117: ADA and Effective Communication in Health Care Settings with the Department of Justice
Description:
For people with hearing loss and deafness, communication barriers in health care result in the inability to understand critical health information. In the United States, about 1 in every 8 people of all ages has some form of hearing loss. Behind arthritis and heart disease, hearing loss is the third most common disability. (Source: HealthyHearing.com)
Hearing loss is most significant amongst seniors. The National Institute on Deafness and Other Communication Disorders reports that 1 in 3 seniors in the United States who are ages 65 to 74 have hearing loss, and nearly half of the seniors over age 75 have difficulty hearing. (Source: adata.org/factsheet/healthcare-and-face-coverings).
Also, according to a research report by CRICO Strategies in Fierce HealthCare, poor communication between patients and-health care providers resulted in 1,744 patient deaths and over 1.7 billion dollars in malpractice suits over five years (2009-2013).
In this episode, we speak with two Assistant United States attorneys – Steve Gordon and Kara Sweet from the US Department of Justice – about the rights of people with hearing loss, Deafness, or other communication needs in health care settings. Our guests will also highlight cases and settlement agreements the U.S. Department of Justice has handled that deal with these rights under the Americans with Disabilities Act (ADA).
Guests:
Steve Gordon – Civil Rights Enforcement Coordinator, Assistant United States Attorney U.S. Attorney’s Office for the Eastern District of Virginia
Kara Sweet – Assistant United States Attorney U.S. Attorney’s Office for the Middle District of Tennessee
Moderator and Host: Barry Whaley, Project Director of the Southeast ADA Center
Contents
- Featured in This Episode
- Department of Justice Guidance on the ADA, Health Care and Effective Communication
- Examples of DOJ Settlement Agreements with Health Care Providers
- Understanding Equal Access to Health Care
- Providing Accommodations for Effective Communication
- Health Care, Long COVID, and COVID-19 Resources
- Health Care Research and Policy
Featured in this Episode
- U.S. Attorney Program for ADA Enforcement: Offices of the United States Attorneys
U.S. Attorneys with the Civil Rights Division enforce the ADA through the U.S. Attorney Program for ADA Enforcement with the Disability Rights Section. Ninety-three U.S. Attorneys’ offices across the Nation currently participate in this program and have resolved hundreds of matters involving core issues ranging from accessible voting, access to places of public accommodation and state and local governmental facilities, and discriminatory policies, practices, and procedures.
Source: U.S. Department of Justice (DOJ)
Link: justice.gov/usao - Dear Colleague Letter on Effective Communication Requirements in Health Care Settings [PDF] (April 2023)
The U.S. Attorney’s Office for the Eastern District of Virginia recently sent this letter reminding health care providers of their ADA effective communication obligations, along with a press release.
Letter: justice.gov/d9/2023-04/dear_colleagues_letter_for_healthcare_providers.pdf
Press Release: justice.gov/usao-edva/pr/us-attorneys-office-reminds-healthcare-providers-adas-effective-communication - Public Meeting: ADA’s Effective Communication Requirements in Health Care Settings
To assist the community, the U.S. Attorney’s Office for the Eastern District of Virginia is organizing an online informational meeting open to the public, including personnel from health care providers, on Tuesday, June 6, 2023, at 1:00 – 4:00 pm, Eastern time. They will share information on steps health care providers can take to comply with the ADA’s effective communication requirements and provide an opportunity for questions and collaboration. Registration required.
Link: usao.webex.com/weblink/register/r0d27b32d4e7b2b65b28f657f4ec00aea
Register for Meeting
If you want to attend, please register now. When your registration is approved, you’ll receive an invitation to join the meeting/webinar.
Tuesday, June 6, 2023
1:00 PM – 4:00 PM, Eastern Time
Meeting Host: U.S. Attorney Steve Gordon
Department of Justice Guidance on the ADA, Health Care and Effective Communication
- ADA Requirements: Effective Communication
Link: ada.gov/effective-comm.htm - Communicating Effectively with People with Disabilities
Link: ada.gov/topics/effective-communication - ADA Business BRIEF: Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings
Link: archive.ada.gov/hospcombr.htm - Guidance on Nondiscrimination in Telehealth [PDF]
Link: archive.ada.gov/telehealth_guidance.pdf - Barrier Free Health Care Initiative
U.S. Attorneys’ offices and the DOJ Civil Rights Division target their enforcement efforts on the rights to receive effective communication for people who are Deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.
Link: archive.ada.gov/barrierfreehealthcare.htm
Examples of DOJ Settlement Agreements with Health Care Providers
- Goochland Powhatan Community Services (Virginia) [PDF]
Link: justice.gov/crt/case-document/file/1569931/download - Brookside Rehabilitation and Nursing Center (Virginia)
Link: archive.ada.gov/brookside_rehab_sa.html - Spotsylvania Regional Medical Center (Virginia)
Link: archive.ada.gov/spotsylvania_sa.html - Rite Aid Corporation (National)
Link: archive.ada.gov/rite_aid_sa.pdf - Lincare, Inc. (National)
Link: archive.ada.gov/lincare_sa.html
Understanding Equal Access to Health Care
- HHS Reminds States of Legal Obligations to Federal Civil Rights Protections as States Transition from Medicaid Continuous Coverage Changes as the Public Health Emergency Ends
Source: Office for Civil Rights at Health and Human Services (HHS) (April 5, 2023)
Link: hhs.gov/about/news/2023/04/05/hhs-reminds-states-legal-obligations-federal-civil-rights-protections-states-transition-medicaid-continuous-coverage-changes-public-health-emergency-ends.html - Health Care and the Americans with Disabilities Act
Source: ADA National Network (ADANN)
Link: adata.org/factsheet/health-care-and-ada - Rationing of Medical Care and Protecting the Rights of People with Disabilities | Resources
Source: ADA Live! Podcast and Resources (April 2020)
Podcast: adalive.org/episodes/episode-80
Resources: adalive.org/resources/episode-80-resources - Aging, Disability and ADA: Know Your Rights | Resources
Source: ADA Live! Podcast and Resources (May 2021)
Podcast: adalive.org/episodes/episode-93
Resources: adalive.org/resources/episode-93 - Effective Communication, Accessible Health Care, and the ADA | Resources
Source: ADA Live! Podcast and Resources (June 2019)
Podcast: adalive.org/episodes/episode-69
Resources: adalive.org/resources/episode-69-resources - Effective Communication | Resources
Source: ADA Live! Podcast and Resources (January 2014)
Podcast: adalive.org/episodes/episode-4
Resources: adalive.org/resources/episode-4-resources - Health Care and the ADA – Inclusion of Persons with Disabilities
An ongoing webinar series hosted by the Pacific ADA Center.
Past Webinars: adapresentations.org/archive.php
Source: ADA National Network
Link: adapresentations.org/healthcare/schedule.php - How to File an ADA Complaint
Source: U.S. Department of Justice (DOJ)
Link: ada.gov/file-a-complaint - Health Care and Face Coverings: Reducing Communication Barriers for Deaf and Hard of Hearing Patients [PDF]
Factsheet available in English and Spanish that includes links to useful resources.
Source: ADA National Network (ADANN)
Link: adata.org/factsheet/healthcare-and-face-coverings - Training: Inclusive Health Care
This video-based training helps health care providers meet the patient-centered communication standards of the Joint Commission and other national accreditation programs.
Source: Institute for Community Inclusion (ICI)
Link: inclusivehealthcare.org - Top Five Rules for Communicating with Patients with Disabilities [PDF]
Source: Institute for Community Inclusion (ICI)
Link: inclusivehealthcare.org/files/IHC_top5rules.pdf
Providing Accommodations for Effective Communication
Deaf or Hard of Hearing
- ADA Quick Tips – Sign Language Interpreters
Source: ADA National Network (ADANN)
Link: adata.org/factsheet/sign-language-interpreters - Registry of Interpreters for the Deaf (RID)
Contact the RID Front Desk or check the Registry for help finding an American sign language (ASL) interpreter.
Video Phone (VP): 571-257-3957
Voice: 703-838-0030
Web: rid.org
Registry: myaccount.rid.org/Public/Search/Member.aspx - National Association of State Agencies of the Deaf and Hard of Hearing
Find ASL interpreters and other services in your state.
Source: National Association for the Deaf (NAD)
Link: nad.org/resources/directories/state-agencies-of-deaf-hoh - What is Video Remote Interpreting (VRI)?
Source: Do-It Center at the University of Washington
Link: washington.edu/doit/what-video-remote-interpreting - Captioning and CART (Communication Access Realtime Translation)
Source: Hearing Loss Association of America (HLAA)
Link: hearingloss.org/hearing-help/technology/cartcaptioning - Program for Communication Access in Health Care
Source: Hearing Loss Association of America (HLAA)
Link: hearingloss.org/programs-events/communication-access-in-health-care - Guide for Effective Communication in Health Care
Source: Hearing Loss Association of America (HLAA)
Link: hearingloss.org/hearing-help/communities/patients
National Association for the Deaf (NAD) Resources for Self Advocacy and Accommodations
- Questions and Answers for Health Care Providers
Link: nad.org/resources/health-care-and-mental-health-services/health-care-providers/questions-and-answers-for-health-care-providers - Advocacy Letters to Request Accommodations in Health Care Settings
Link: nad.org/resources/advocacy-letters/ - VRI Wallet Card [PDF]
Link: nad.org/wp-content/uploads/2017/05/advocacy-letter-VRI-wallet-card-1.pdf - How to Advocate for ASL Interpreters or Other Accommodations [PDF]
Link: nad.org/wp-content/uploads/2019/10/advocacy-tips-bookmark.pdf
Blind or Low Vision
- Best Practices Guide for Hospitals Interacting with People Who Are Blind or Visually Impaired (2021)
Source: American Foundation for the Blind (AFB)
Link: afb.org/research-and-initiatives/serving-needs-individuals-visual-impairments-healthcare-setting - Webinar: ADA National Network Learning Session: Learning from Patients to Provide Accessible Health Care and Effective Communication for Patients Who Are Blind or Have Low Vision
Source: Pacific ADA Center (February 24, 2022)
Link: adapresentations.org/healthcare/webinar.php?id=26
Website Accessibility
- Guidance on Web Accessibility and the ADA
Source: U.S. Department of Justice (DOJ)
Link: ada.gov/resources/web-guidance - Introduction to Web Accessibility
Source: WebAIM
Link: webaim.org/intro
Health Care, Long COVID, and COVID-19 Resources
- Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557 [PDF]
Source: U.S. Department of Justice (DOJ) and the Office for Civil Rights at Health and Human Services (HHS) (July 2021)
Link: archive.ada.gov/long_covid_joint_guidance.pdf - Civil Rights and COVID-19 Resources
Source: Office for Civil Rights at Health and Human Services (HHS)
Link: hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html - The ADA and Face Mask Policies
Source: Southeast ADA Center
Link: adasoutheast.org/disability-issues/ada-and-face-mask-policies - ADA and COVID-19 Resources for Persons with Communication-Related Disabilities
Resources for persons who are Deaf, hearing loss, ASL, blind/low vision, older adults, intellectual disabilities, and more.
Source: ADA National Network (ADANN)
Link: adacovid19.org/people-disabilities - Resources on ADA, COVID-19 and Health Care Access
Source: ADA National Network (ADANN)
Link: adacovid19.org/health-care-access - Effective Communication with DeafBlind Patients During a Pandemic [PDF]
Source: North Carolina Division of Services for the Deaf and Hard of Hearing
Link: covid19.ncdhhs.gov/effective-communication-deafblind-patients-during/download - Flatten Inaccessibility: Health Care Study
This survey looked at how COVID-19 and other issues like transportation affect access to health care.
Source: American Foundation for the Blind (AFB)
Link: afb.org/research-and-initiatives/flatten-inaccessibility-survey/flatten-inaccessibility/healthcare
National Association for the Deaf (NAD) Resources on Health Care and COVID-19
- Information and Resources on Coronavirus (COVID-19)
Link: nad.org/coronavirus - Communication Access Recommendations for the Hospital for Deaf and Hard of Hearing: COVID-19
Link: nad.org/covid19-communication-access-recs-for-hospital - Video-Based Telehealth Accessibility for Deaf and Hard of Hearing Patients: COVID-19
Link: nad.org/covid19-telehealth-access-for-deaf-hard-of-hearing - Communicating with Medical Personnel During Coronavirus
Link: nad.org/2020/04/07/communicating-with-medical-personnel-during-coronavirus - Mental Health Services for the Deaf and Hard of Hearing
Link: nad.org/resources/health-care-and-mental-health-services/mental-health-services
Health Care Research and Policy
- Hearing Loss Statistics at a Glance
Source: Healthy Hearing
Link: healthyhearing.com/report/52814-Hearing-loss-statistics-at-a-glance - Quick Statistics About Hearing
Source: National Institute on Deafness and Other Communication Disorders (NIDCD)
Link: nidcd.nih.gov/health/statistics/quick-statistics-hearing - Age-Related Hearing Loss
Source: National Institute on Deafness and Other Communication Disorders (NIDCD)
Link: nidcd.nih.gov/health/age-related-hearing-loss - These Doctors Admit They Don’t Want Patients with Disabilities
News Source: New York Times (October 2022)
Read Article: adasoutheast.org/these-doctors-admit-they-dont-want-patients-with-disabilities - ‘I Am Not the Doctor for You’: Physicians’ Attitudes About Caring for People with Disabilities
Source: Health Affairs (October 2022)
Link: healthaffairs.org/doi/full/10.1377/hlthaff.2022.00475 - Adults with Intellectual Disabilities Often Excluded from Clinical Trials, Research Finds
News Source: Syracuse University (November 18, 2022)
Read Article: adasoutheast.org/adults-with-intellectual-disabilities-often-excluded-from-clinical-trials-research-finds - Center for Deaf Health Equity
Source: Gallaudet University
Link: deafhealthequity.com - Health Equity for People with Disabilities
Source: Centers for Disease Control and Prevention (CDC)
Link: cdc.gov/ncbddd/humandevelopment/health-equity.html - Supporting Access for Everyone (SAFE)
National initiative to establish best practices for supporting youth with neurodevelopmental disabilities in medical settings.
Source: Developmental-Behavioral Pediatrics Network
Link: safedbp.org - Autistic Self Advocacy Network Comments Re: SAFE Initiative Call for Testimony
In response to the SAFE Initiative, ASAN recommended these best practice guidelines for health care providers treating children with intellectual and developmental disabilities.
Source: Autistic Self Advocacy Network (ASAN) (August 2022)
Link: autisticadvocacy.org/2022/08/autistic-self-advocacy-network-comments-re-safe-initiative-call-for-testimony - Archive of Disability Health Care Policy Findings and Recommendations
Source: National Council on Disability (NCD)
Link: ncd.gov/policy/health-care