Medical facility settles claim alleging failure to provide effective communication services to deaf individuals

HOUSTON – A local rehabilitation center has agreed to a settlement under the Americans with Disabilities Act (ADA) to ensure it provides appropriate auxiliary aids and services to individuals who are deaf or hearing impaired when providing medical services, announced U.S. Attorney Alamdar S. Hamdani.

In November 2021, authorities received a complaint alleging Park Manor of CyFair failed to provide effective communication to an individual who is deaf and uses American Sign Language (ASL) as his primary means of communication. Park Manor did not provide a qualified ASL interpreter, as the ADA defines, to communicate information related to his medical care, symptoms and treatment plan.

Under the settlement agreement, Park Manor will revamp its training for new and existing employees regarding interpreter services, have specific and uniform criteria for determining when an interpreter is needed and what interpreter services are adequate. They will also keep detailed records of these decisions and accommodations.

“My office is committed to protecting the rights of people who have not traditionally had a voice,” said Hamdani. “Having equal access to health care services - which includes the ability to effectively communicate with your health care provider - is a fundamental right. It must be accessible to all. If not, my office will investigate and bring enforcement actions against you to ensure compliance with the ADA.”

Assistant U.S. Attorney Myra Siddiqui handled the matter.

This case is a part of the Department of Justice’s Barrier-Free Health Care Initiative, which seeks to enforce the ADA’s prohibition of discrimination against individuals with disabilities by health care providers. Through the Barrier-Free Health Care Initiative, U.S. Attorneys’ offices across the nation and the Department of Justice - Civil Rights Division target their enforcement efforts on a critical area for individuals with disabilities - access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that includes 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.

The Department of Justice has a number of publications available to assist entities to comply with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. Visit the ADA for more information and to access these publications. ADA Complaints may be filed Department of Justice or within the Southern District of Texas.