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Episode 117 Resources: ADA and Effective Communication in Health Care Settings with the Department of Justice

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

  • 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

Examples of DOJ Settlement Agreements with Health Care Providers

Understanding Equal Access to Health Care

Providing Accommodations for Effective Communication

Deaf or Hard of Hearing

National Association for the Deaf (NAD) Resources for Self Advocacy and Accommodations

Blind or Low Vision

Website Accessibility

Health Care, Long COVID, and COVID-19 Resources

National Association for the Deaf (NAD) Resources on Health Care and COVID-19

Health Care Research and Policy