Durable Medical Equipment Company Agrees to Settle ADA Complaint

ALEXANDRIA, Va. – Lincare, Inc., a durable medical equipment company which operates approximately 800 centers in 48 states, including 27 centers in Virginia, has agreed to settle an Americans with Disabilities Act (ADA) complaint that it failed to provide a sign language interpreter for an appointment with a patient who is deaf. 

Lincare, which is headquartered in Florida, is a supplier of oxygen, durable medical equipment and other respiratory care products and related services.

The allegations involved a patient with sleep apnea, who lives in Fairfax County and is deaf. She requested that Lincare provide a sign language interpreter for an appointment at which she expected to rent a new Continuous Positive Airway Press (CPAP) device and learn about its operation, maintenance, payment options, and warranty. Lincare failed to provide the legally required auxiliary aids or services, and as a result has agreed to pay a total of $20,000 and take remedial action to resolve the complaint.

“When Congress passed the ADA, it recognized that discrimination against individuals with disabilities persisted in the provision of healthcare services,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case demonstrates this office’s unwavering commitment to protecting the rights of those who are deaf or hard of hearing and ensuring that they are able to communicate with health care providers, including when patients receive critical information about life sustaining medical equipment. We are pleased that Lincare has agreed to take steps to ensure that all of its centers, nationwide, will provide appropriate auxiliary aids and services to individuals who are deaf or hard of hearing.”

To resolve this complaint, Lincare agreed to adopt nationwide policies that will make its services accessible; designate an ADA Administrator who will be responsible for ensuring Lincare’s compliance with the ADA; provide sign language interpreters and other auxiliary aids and services for patients and companions who need them; and provide training for its personnel on the ADA’s requirements. Lincare also agreed to pay $10,000 to the aggrieved individual, as well as a $10,000 civil penalty to the United States.

The matter was investigated by Assistant U.S. Attorney Steve Gordon, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office. The civil claims settled by this Americans with Disabilities Act agreement are allegations only; there has been no determination of civil liability.

The Department of Justice has a number of publications available to assist entities in complying with the ADA, including “ADA Requirements:  Effective Communication” and ADA Business BRIEF:

Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings.

For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383.  ADA complaints may be filed by email to ada.complaint@usdoj.gov.

A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.