ADA COMPLIANCE

 
 
LOGO SQ TRNS BCK.png

ACKNOWLEDGEMENT OF ADA OBLIGATIONS
FOR RECIPIENTS OF FEDERAL FUNDS


THE DEAF GROUP
for provision of interpreter
 

THIS DOCUMENT IS DESIGNED TO PREVENT THE COMPELLING OR COERCION OF THE DEAF/HARD OF HEARING CONSUMER TO WAIVE THEIR RIGHTS TO EFFECTIVE COMMUNICATION.

YOU ARE ADVISED TO MAINTAIN A FULL ACCOUNTING OF YOUR DISABLED CONSUMER/CUSTOMER'S EXPERIENCE FROM THEIR FIRST INTERACTION WITH YOUR ORGANIZATION. 


GOOD FAITH EFFORT TO COMPLY WITH THE ADA WILL BE AN IMPORTANT FACTOR IN ANY PROCEEDING TO ADJUDICATE A COMPLAINT AGAINST YOUR ORGANIZATION.

IF PRESENTED THIS FORM BY A DEAF CONSUMER, YOU ARE OBLIGATED TO ASCERTAIN IF THE CONSUMER IS REQUESTING THAT YOU COMPLY WITH THE FOLLOWING REQUEST FOR DOCUMENTING THEIR INTERACTION WITH YOUR ORGANIZATION:

PRINT AND FILL OUT PDF FORM BELOW IMMEDIATELY

SUBMIT TO SHIFT SUPERVISOR FOR THEIR URGENT RESPONSE TO THIS REQUEST FOR THE FULL ACCOUNTING OF YOUR ACCEPTANCE, REFUSAL, LIMITATION, OR FULL FACILITATION OF YOUR OBLIGATION FOR PROVISION OF AN IN-PERSON SIGN LANGUAGE INTERPRETER (PER THE DEAF CONSUMER'S REQUEST) UNDER ADA REGULATIONS.

 

HOW THE ADA APPLIES TO BUSINESSES
dept of justice civil rights division

ADA.GOV INFORMATION LINE - 1-800-514-0301

"This course from ADA.GOV explains how to comply with the ADA in ten short lessons. To make this course easier to fit into your busy schedule, we divided it into individual lesson modulesPutting these lessons into practice will ensure you comply with the ADA and welcome all customers to purchase your goods and services."

 

TITLE 42—THE PUBLIC HEALTH AND WELFARE
42 us code - § 12101

(a) Findings
The Congress finds that:


(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities,benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

(b) Purpose - It is the purpose of this chapter—

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

 

ada business brief: communicating with the deaf or hard of hearing in hospital settings

u.s. dept of justice
civil rights division -
memo

Under the Americans with Disabilities Act (ADA), hospitals must provide effective means of communication for patients, family members, and hospital visitors who are deaf or hard of hearing.

The ADA applies to all hospital programs and services, such as emergency room care, inpatient and outpatient services, surgery, clinics, educational classes, and cafeteria and gift shop services. Wherever patients, their family members, companions, or members of the public are interacting with hospital staff, the hospital is obligated to provide effective communication.

Exchanging written notes or pointing to items for purchase will likely be effective communication for brief and relatively simple face-to-face conversations, such as a visitor’s inquiry about a patient’s room number or a purchase in the gift shop or cafeteria.

Written forms or information sheets may provide effective communication in situations where there is little call for interactive communication, such as providing billing and insurance information or filling out admission forms and medical history inquiries.

For more complicated and interactive communications, such as a patient’s discussion of symptoms with medical personnel, a physician’s presentation of diagnosis and treatment options to patients or family members, or a group therapy session, it may be necessary to provide a qualified sign language interpreter or other interpreter.
 

 

THE ELEVENTH CIRCUIT COURT OF APPEALS DEFINES EFFECTIVE COMMUNICATION

BY MATTHEW DIETZ

"Recently, the Eleventh Circuit Court of Appeals defined “effective communication” in a medical setting.  The court stated as follows:

There can be no question that the exchange of information between doctor and patient is part-and-parcel of healthcare services. Thus, regardless of whether a patient ultimately receives the correct diagnosis or medically acceptable treatment, that patient has been denied the equal opportunity to participate in healthcare services whenever he or she cannot communicate medically relevant information effectively with medical staff. It is not dispositive that the patient got the same ultimate treatment that would have been obtained even if the patient were not deaf."

 

RESOURCES RELATED TO EFFECTIVE COMMUNICATION

by THE joint commission
 

"The Joint Commission has had standards requiring the provision of interpretation and translation services for more than 15 years. These standards were created in the early 90’s as part of The Joint Commission Patient’s Rights initiative. One of the requirements outlined in the standards is the patient’s right for effective communication. Interpretation and translation services were identified as one of the means to support that right.

Here you will find resources that may be helpful in learning more about effective communication, planning for and providing language services. This is not an exhaustive list; many groups are addressing effective communication and the provision of linguistically appropriate health care services. The Joint Commission does not endorse specific programs or products."

 

FACT & FICTION: WHAT DO JOINT COMMISSION STANDARDS SAY ABOUT HEALTHCARE INTERPRETATION?

BY Amy Wilson-Stronks, MPP, CPHQ. 

"The new Joint Commission standard on effective communication is found within the set of standards that relate to provision of care, treatment, and services. This is significant as it emphasizes that effective communication is not simply a patient’s right, but an essential component of safe, effective, high quality care."

 
 

Language Access and the Law
Title VI - U.S. Civil Rights Act (1964
tiTLE iii - aMERICANS wITH dISABILITIES aCT (1990)
sECTION 504 - REHABILITATION ACT (1973) 
BY JOINT COMMISSION

"All entities receiving direct or indirect Federal financial assistance from HHS through a grant, contract, or subcontract, are covered by these policies."

 

Position Statement On Health Care Access For Deaf & Deaf/blind Patients

BY THE NATIONAL ASSOCIATION OF THE DEAF (NAD)

"The health care system has largely failed to both ensure and provide accessible language services and health information for many deaf individuals... Federal laws require health care providers to ensure that effective communication takes place between the provider and the Deaf patient."  

 

Ensuring Access to Services by Patients Who Are Blind, Deaf-Blind, or Visually Impaired

by the american foundation for the blind

"Good-faith effort to comply with the ADA will be an important factor in any proceeding to adjudicate a complaint against you...  Assistance from organizations of and for persons who are blind as well as qualified individuals who are blind, deaf-blind, or visually impaired can be an invaluable resource in your efforts to comply with the ADA."

 

iMPORTANT IMPLICATIONS FOR PSYCHOLOGISTS OF THE AMERICANS WITH DISABILITIES ACT: CASE IN POINT, THE PATIENT WHO IS DEAF.

by THE AMERICAN PSYCHOLOGICAL ASSOCIATION

"The ADA extended its jurisdiction deeper into the practice of psychology; consequently, it created a new standard of care and legal liability”

”There are 400,000 to 500,000 people in the United States who cannot hear speech well enough to understand it [1990’s Figures] and who experienced their hearing loss prior to the age of 17; 95% of them were deafened before they were 3 years old (Schein & Delk, 1974, p. 25). The overwhelming majority of these individuals use ASL, have their primary social contacts with other deaf people, and form a distinct minority cultural group within this country. Sullivan and Vernon (1979) generalized that, for these persons, psychotherapy and psychodiagnostics would be likely to occur in ASL or not at all.”


 

ada compliance costs and tax incentives

ada.gov

The Disabled Access Credit is available to small businesses that have 30 or fewer employees or total revenues of $1,000,000 or less. A credit of up to $5000 a year is available to offset a business's costs for removing barriers, hiring interpreters or readers needed for effective communication. This provision is found in section 44 of the IRS tax code.

Under section 190 of the IRS tax code, businesses of any size can take a deduction of up to $15,000 each year for the cost of removing communication barriers in facilities or vehicles.

 

Jury Awards $400,000 to Deaf Patient For Doctor's Refusal of an Interpreter

LAW.COM

A Hudson County jury's $400,000 verdict for a deaf patient whose doctor refused her an interpreter may be a wake-up call for all professionals - including doctors and lawyers - that they risk liability for disability discrimination.

Worse, malpractice liability insurance does not usually cover legal exposure due to discrimination lawsuits.

Gerena [The patient] sued Dr. Fogari under the federal Americans with Disabilities Act and Rehabilitation Act, which applies to recipients of federal funding, including hospitals and doctors whose patients are covered by Medicare and Medicaid.

Fogari, a solo practitioner, maintained he could not afford the $150 to $200 per visit. Fogari argued it would have been an undue hardship to pay an interpreter when he was being reimbursed only $49 per visit by Gerena’s insurer, but his tax returns showed he earned over $400,000 a year, says Smit. 

On Oct. 9, the jury found Fogari violated the law by failing to provide Gerena an interpreter and by retaliating against her for requesting one. Half of the $400,000 verdict was for punitive damages. 
 

 

Police negligent in ada non-compliance

aclu - american civil liberties union

The Americans with Disabilities Act makes clear that officers must take appropriate steps to communicate effectively with deaf people. This obligation includes providing sign language interpreters and auxiliary aids. But beyond this, there is a clear need for police officers to understand how to communicate with members of the deaf community.

 

Communicating with People Who Are
Deaf or Hard of HeariNG

A GUIDE FOR police & law enforcement


U.S. DEPT OF JUSTICE
CIVIL RIGHTS DIVISION


commonly asked questions

As a law enforcement officer, you can expect to come into contact with people who are Deaf or hard of hearing. It is estimated that up to nine percent of the population has some degree of  hearing loss, and this percentage will increase as the population ages.

Under the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing are entitled to the same services law enforcement provides to anyone else. They may not be excluded or segregated from services, denied services, or otherwise be treated differently than other people.

Law enforcement agencies must make efforts to ensure that their personnel communicate effectively with people whose disability affects hearing. This applies to both sworn and civilian personnel.

 

code of ethics for nurses

american nurses association

Highlighted below are Provisions 1, 3, 4, 6, 8, and 9 in the American Nurse Association's CODE OF ETHICS FOR NURSES. It is a succinct statement of ethical values, obligations, duties and professional ideals of nurses individually and collectively.

IT IS THE PROFESSION'S NON-NEGOTIABLE STANDARD.

IT IS AN EXPRESSION OF NURSING'S OWN UNDERSTANDING OF ITS COMMITMENT TO SOCIETY.

NURSES SHOULD BE PREPARED TO SUPPORT OTHER NURSES IN THEIR EXECUTION OF THOSE OBLIGATIONS.

COERCING A DISABLED PATIENT INTO WAIVING THEIR RIGHTS IS NEGLECTING YOUR OBLIGATION TO PROVIDE MEANINGFUL AND FAIR ACCESS TO SERVICES OFFERED TO THE PUBLIC.

Provision 1 - The nurse's primary commitment is to the patient
, whether an individual, family, group community or population

Provision 3 - The nurse promotes, advocates for, and protects rights, health and safety of the patient.

Provision 4 - The nurse has the authority, accountability and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care.

Provision 6 - The nurse, through individual and collective effort, establishes, maintains, and improves the ethical environment of the work setting and conditions of employment that are conducive to safe, quality health care.

Provision 8 - The nurse collaborates with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities.

Provision 9 - The profession of nursing, collectively though its professional organizations, must articulate nursing values, maintain the integrity of the profession, and integrate principles of social justice into nursing and health policy. 

NURSE.COM LOGO.png

 

nurses must summon moral courage to confront unethical behavior

by karen schmidt, rn

There are times nurses must draw on moral courage, and to draw on it, they need a working definition.

“Moral courage is the ability to overcome your fear and stand up for your core values and your ethical obligations as a nurse,”

“It’s not without fear,” she added. “You might shake and have tightness in your chest, with all the symptoms of anxiety, but you stand up anyway.”

Lt. Col. John S. Murray, PhD, RN, NC, expanded the definition, saying moral courage is when individuals stand up for their ethical beliefs or moral principles when there’s an unethical situation, whether in clinical practice, education, research or administration. 

“Take time to reflect on one’s own personal and professional values and on one’s moral obligations,” Murray said. As nurses, we all have the obligation to those we serve to do the right thing, which means speaking up when an unethical situation occurs that could jeopardize patient safety, he added.

Nurses also must recognize that they might endure adversity for an extended period when they confront and address unethical behavior, according to Murray.

Both Lachman and Murray recommend nurses spend time gaining an understanding of the ANA’s Code of Ethics. They agree most nurses don’t know what the code says.

In developing moral courage, Murray encourages open dialogue about ethical principles, the use of case studies and discussion with ethics consultants.

 
Denver Veterans Affairs.jpg

DAVID VS GOLIATH: NURSE WINS WHISTLEBLOWING LAWSUIT AGAINST VA - dec 2016

cbs news - denver

After a 3-year battle against the U.S. government, McNamara has emerged victorious.

“It was one of the battles of my life and quite honestly I think of it as one of the greatest achievements of my life,” she told CBS. McNamara is a 24-year Navy veteran, and former overnight nurse at the Denver VA Medical Center. In 2013 she filed a suit citing serious problems with the nursing care.

Beginning in 2009 McNamara brought her concerns to her supervisors for more than a year. During that time she says she was ridiculed as a whistleblower and passed over for promotions.

“I got labeled a troublemaker."

Before leaving her job McNamara had her case well documented.

“I had dates and times and patient names.”

She represented herself during two days of testimony before a federal judge at the Merit Systems Protection Board. Three years and three months later the judge ruled in her favor, calling the witnesses against her “un-credible.”

 

new york state nurse whistleblower law

NEW YORK STATE WHISTLEBLOWER PROTECTIONS

New York's Whistleblower Protection Law protects employees who provide health care services from retaliatory action by their employers when the employee discloses or refuses to participate in activities s/he believes constitutes improper quality of patient care.

Labor Laws of New York State, Article 20-C §741. Retaliatory Action by Employers. Prohibition;