By Garret DeReus
Healthcare facilities must comply with federal civil rights laws protecting individuals with disabilities, including providing effective communication and reasonable accommodations. As demonstrated by litigation, even major healthcare institutions sometimes fail to meet these obligations, leading to serious consequences for patients and substantial liability for facilities.
What is the Americans with Disabilities Act?
The Americans with Disabilities Act (ADA) is a comprehensive federal civil rights law enacted in 1990 that prohibits discrimination against individuals with disabilities. The law ensures equal access and opportunities in various aspects of public life, including employment, government services, public accommodations, transportation, and telecommunications.
Nursing Homes as Places of Public Accommodation
Privately operated nursing homes fall under Title III of the ADA as places of public accommodation because they provide services to members of the public. As healthcare providers offering residential and medical services, nursing homes must comply with ADA requirements to ensure equal access and treatment for individuals with disabilities, whether they are residents, visitors, or family members.
Key ADA Requirements for Nursing Homes
Nursing homes must meet various ADA compliance requirements that encompass both physical accessibility and service delivery. Physical accessibility requirements include properly designed parking areas, entrances, walkways, and restrooms that accommodate individuals with mobility impairments. Common areas and any on-site amenities like shops or cafeterias must also be accessible.
Beyond physical accessibility, nursing homes must provide reasonable modifications to their policies and practices. This includes offering materials in alternative formats such as large print, providing sign language interpreters for deaf individuals, and allowing service animals on the premises. These modifications ensure that individuals with disabilities can fully participate in and benefit from the facility’s services.
Standard of Care vs. Civil Rights Obligations
While nursing homes typically focus on meeting medical standard of care requirements, compliance with these standards does not automatically satisfy their civil rights obligations under the ADA. Federal civil rights law often requires additional accommodations and modifications beyond what might be considered standard medical care. Facilities must understand that meeting minimum healthcare standards does not shield them from ADA compliance requirements.
The attorneys at Bizer & DeReus have litigated many cases against healthcare entities under the ADA. In one such case, the University Medical Center of New Orleans faced a lawsuit after allegedly failing to provide appropriate accommodations to a deaf patient seeking treatment for a broken arm and dental care. Despite being a major healthcare institution, the hospital allegedly relied on inadequate communication methods like video remote interpreting that was “heavily pixelated” and having family members interpret sensitive medical information. The case, which resulted in a $50,000 judgment and mandated policy changes, demonstrates how even sophisticated healthcare providers can become embroiled in disputes over their obligations under the ADA.
Legal Remedies for ADA Violations
When nursing homes fail to meet their ADA obligations, affected individuals have several legal remedies they can investigate. In some cases, a plaintiff can see an order from the court for injunctive relief, requiring the facility to remove physical barriers or modify discriminatory policies. In certain cases, monetary damages may be available to compensate individuals who have experienced discrimination. Importantly, a plaintiff who succeeds in proving liability under the ADA can request an award of attorneys’ fees and costs, making it possible for individuals to pursue their rights without bearing the financial burden of legal representation.
Taking Action Against Discrimination
If you or a family member has experienced discrimination at a Louisiana nursing home, consider seeking legal assistance. An experienced civil rights law firm may be able to help protect your rights and ensure that nursing homes meet their obligations under federal law.
***
Contact Bizer & DeReus at 504-619-9999 or Garret DeReus at [email protected] to discuss your situation and learn how we may be able to help you address discrimination and obtain appropriate remedies under the ADA.