Acting Attorney General John J. Hoffman and the Division on Civil Rights announced today that an Essex County rehabilitation center has paid a former patient $35,000 to resolve allegations the man, who is deaf and communicates primarily through American Sign Language (ASL), was unlawfully denied the services of an ASL interpreter during an extended stay at the facility.
Thomas Snyder, of Newark, was admitted to the Park Crescent Healthcare & Rehabilitation Center in East Orange in March 2014. Throughout his 39-day stay at the facility, Snyder and his sister repeatedly asked for the services of an ASL interpreter, but did not receive them. The center acknowledged that it did not accommodate the requests because Snyder appeared able to effectively convey his questions and comments using a pen and paper.
Snyder filed a formal discrimination Complaint with the Division on Civil Rights on June 13, 2014. The Division investigated Snyder’s allegations and, based on the results, Division Director Craig T. Sashihara issued a Finding of Probable Cause against Park Crescent in November 2014.
In that finding, Director Sashihara wrote that, without an ASL interpreter, “It is undisputed that Complainant was able to communicate regarding relatively simple and mundane matters such as asking about the whereabouts of his clothing. The critical issue is whether he was able to effectively communicate regarding more complex medical procedures or discussions.”
Snyder alleged in the formal Complaint against Park Crescent that he saw a doctor once a week during his five-and-a-half weeks at the facility, but was unable to ask questions about his treatment.
According to the Division’s investigation, Snyder was released from a North Jersey hospital and entered Park Crescent on March 28, 2014. Approximately two weeks into his stay, Snyder advised a hospital social worker who had followed up after Snyder’s discharge that he’d asked for – but not yet received – the services of an ASL interpreter at Park Crescent.
The hospital social worker then contacted a services coordinator at Park Crescent, and also faxed over to Park Crescent a referral list of ASL interpreters. After two days passed without further contact, the same hospital social worker called the facility again, and was told that Park Crescent management had not yet authorized the expenditure required to hire an ASL interpreter. While Snyder did not receive an ASL interpreter for treatment during his stay, Park Crescent ultimately did hire an ASL interpreter for a meeting with Snyder and his sister on the last day of his stay to go over his discharge instructions.
The hospital social worker, who had previously interacted with Snyder in a series of one-hour sessions, as well as a number of videophone calls, told Division investigators that Snyder had difficulty communicating without a trained ASL interpreter. She also told investigators that, without ASL, “it is impossible for (Snyder) to understand and convey an understanding of his medical condition, treatment and history.”
Snyder’s sister told Division investigators the same thing, noting that not having an ASL interpreter caused Snyder to experience confusion and anxiety, and that his comprehension was often “blurry and sketchy” when left to use only the written word to communicate.
The settlement announced today contains the following provisions:
· Timely Assessment: As part of each initial inpatient assessment (or earlier if Park Crescent learns a patient will be using its services), Park Crescent will conduct an assessment and make a determination as to the appropriate accommodations needed for the patient to maintain effective communication.
· Medical Chart Label: The patient’s medical chart will be conspicuously labeled – with a sticker, label or other indicator –to alert Park Crescent personnel to the fact that the patient or his/her companion is deaf or hard of hearing. The chart will indicate the method of communication requested by, and provided to, the patient and/or the companion.
· Accommodations Liaison: Park Crescent will designate at least one employee as an Accommodations Liaison to answer questions and provide appropriate assistance regarding immediate access to, and proper use of, the appropriate auxiliary aids and services, including qualified interpreters. The Accommodations Liaison will know where the appropriate auxiliary aids are stored, and how to operate them, and will be responsible for their maintenance, repair, replacement and distribution. Park Crescent will circulate and post broadly within the facility the name, telephone number, function and office location of the Accommodations Liaison.
· Prohibition of Surcharges: All appropriate auxiliary aids and services required by the settlement agreement will be provided free of charge to the deaf patient and/or the patient’s companion.
· Record of Need for Auxiliary Aid or Service: To ensure effective communication on a regular basis, Park Crescent will take appropriate steps to ensure that all personnel are made aware of a patient or companion’s disability, as well as what auxiliary aids and services are needed to accommodate that disability.
· Staff Training: Park Crescent will provide mandatory annual in-service training for all staff addressing the needs of patients disabled from hearing loss. There will also be specific training for physicians affiliated with Park Crescent, as well as for all telephone operators who receive incoming telephone calls from the public.
· Circumstances Under Which Interpreters Will be Provided : Depending on the complexity and nature of the communication involved, a qualified interpreter may be necessary to ensure effective means of communication for patients and visitors.
When an interpreter is needed, Park Crescent will provide qualified sign language interpreters to patients and companions who are deaf and whose primary means of communication is sign language, and qualified oral interpreters to such patients and companions who rely primarily on lip reading as needed for effective communication.
The settlement cites numerous examples of communication complex or lengthy enough to potentially warrant interpreter services, including: discussion of a patient’s medical condition, medications and medical history, medical diagnosis and treatment options; the obtaining of informed consent, and communication during actual testing or treatment.
Supervising Investigator Lorraine LeSter and Deputy Attorney General James Michael, assigned to the Division of Law’s Civil Rights Section, handled the Park Crescent matter on behalf of the State.