Florida Health Center Fails to Provide Auxiliary Aides and Services to Caretaker

As of May 10, 2023, the U.S. Department of Health and Human Services’ OCR entered into a Voluntary Resolution Agreement with a Florida health center. This agreement resolves a disability discrimination complaint based on Section 504 of the Rehabilitation Act. As well as Section 1557 of the Affordable Care Act.

The Complaint

An individual who is deaf and hard of hearing filed a complaint. The complaint claimed the Florida health center failed to provide requested auxiliary aids and services. She asked for an interpreter to accompany her to her husband’s post-surgical medical appointment as his companion.

Legal Context

The OCR enforces Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act. Both laws prohibit disability discrimination in federally funded programs.

OCR Director’s Statement

OCR Director Melanie Fontes Rainer said, “Ensuring patient safety is at the heart of providing care in a quality and ethical manner. It should not take a federal investigation for a health care provider to provide an interpreter so that a patient’s caregiver can understand important information, such as a post treatment plan. We are seeing case after case involving health care providers who fail in their responsibility under federal civil rights laws to provide effective communication to patients and their caregivers.”
She also stated that, “This action supports OCR’s efforts to promote community integration by removing barriers to receiving services in the community. OCR will continue to take robust enforcement action until we make it clear that health care providers must remove unnecessary barriers. As well as provide equal treatment for those who are deaf or hard of hearing.”

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