On May 10, 2023, MCR Health, Inc. (“MCR”), a federally qualified health center (“FQHC”) based in Florida entered into a voluntary resolution agreement with the Department of Health and Human Services, Office of Civil Rights (“OCR”) to resolve a disability discrimination complaint MCR. This agreement demonstrates the importance of all health care entities annually reviewing their internal policies to ensure compliance and to prevent possible discrimination claims.
The complainant, who is deaf, alleged that she was denied auxiliary aids and a requested interpreter during her husband’s post-surgical appointment at the center, in violation of Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Patient Protection and Affordable Care Act.
What do Section 504 and Section 1557 require?
Collectively, these sections prohibit anyone receiving federal financial assistance, including FQHCs or any other health program receiving HHS funding, from discriminating against disabled individuals. Health centers must take steps to ensure communication with individuals with disabilities is as effective as communication with individuals who do not have such disabilities. This includes the use of appropriate auxiliary aids and services, and applies to both patients and patient companions. In this particular case, MCR had previously provided the patient’s wife with American Sign Language interpreters when she was a patient, herself, but denied her same request when she attended appointments at MCR as her husband’s companion.
Voluntary Resolution Agreement
MCR’s voluntary resolution agreement requires that MCR, among other things: (i) furnish appropriate auxiliary aids and services to patients and companions where necessary and free of charge; (ii) give primary consideration to a patient or companion’s request, i.e., honor the individual’s expressed choice of auxiliary aid or service unless it can be demonstrated another equally effective means of communication is available; (iii) document any assessments conducted for auxiliary aids and services in a patient’s record; and (vi) create an auxiliary aid and service denial log. The OCR did not impose monetary penalties in this instance.
Garfunkel Wild is available to assist health centers in reviewing their internal policies to ensure compliance with these requirements. Should you have any questions regarding the above, please contact the authors, or your regular Garfunkel Wild contact or email us at [email protected].