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Frankfort hospital resolves ADA allegations with new agreement

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Sunday, December 15, 2024

Frankfort hospital resolves ADA allegations with new agreement

Attorneys & Judges
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U.S. Attorney Carlton S. Shier IV | U.S. Department of Justice

The United States has finalized an agreement with Frankfort Regional Medical Center (FRMC), a 173-bed acute care facility in Frankfort, Kentucky, addressing allegations of violations under the Americans with Disabilities Act (ADA). The allegations involved a failure to provide effective communication for a deaf patient using American Sign Language (ASL) during multiple hospital visits related to her pregnancy.

During these visits, including labor and delivery, FRMC did not supply an ASL interpreter or alternative means of communication. Despite the patient's request for an in-person interpreter during her cesarean section, she had to bring her own. The issue extended into her recovery period and another visit when seeking treatment for her infant. Additionally, FRMC did not offer appropriate communication support for the patient's mother, who is also deaf and was present as a support person. FRMC cooperated fully with the investigation conducted by the United States, which confirmed these claims.

As part of the agreement with the United States, FRMC will adjust its policies and practices in line with ADA requirements. This includes securing qualified interpreters and ensuring effective communication. The medical center will also train staff and inform affiliated providers about these policies, report any future complaints, and collaborate with the U.S. Attorney’s Office to maintain compliance. Financially, FRMC will pay $62,500 as a civil penalty to the United States, $100,000 to the patient involved, and $10,000 to her mother.

U.S. Attorney Carlton S. Shier IV emphasized the importance of equal access to healthcare for patients who are deaf or hard of hearing: "It is critical that patients who are deaf or hard of hearing have equal access to health care, which includes having the ability to communicate with their health care providers."

Assistant U.S. Attorney Carrie Pond managed this case alongside investigators from the U.S. Attorney’s Office's Affirmative Civil Enforcement Section and coordinated efforts with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.

Individuals in Eastern Kentucky who believe they have faced discrimination or civil rights violations can file complaints through email at usakye.civilrights@usdoj.gov or call the Civil Rights Hotline at (859) 685-4880.

For more details on civil rights efforts by this office or information about ADA regulations, resources are available online at www.justice.gov/usao-edky/civil-rights and www.ada.gov.

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